A LEGAL HANDBOOK
FOR WOMEN IN
NEW HAMPSHIRE
STATE OF NEW HAMPSHIRE
COMMISSION ON THE STATUS OF WOMEN
2009
The NH Commission on the Status of Women is grateful for the ongoing
support of these organizations and their enduring commitment to equal
treatment for all.
This project was supported by Grant No. 2008-WF-AX-0024 awarded by the Violence
Against Women Grants Office, Office of Justice Programs, US Department of Justice
and administered by the New Hampshire Department of Justice.
This project is supported by the New Hampshire Bar Foundation’s Advancement of
Justice, Stanley M. & Thalia M. Brown, and Voluntary Prevention funds.
This project is funded in part by a grant from the Women’s Fund of New Hampshire,
a statewide foundation that focuses all of its resources on women and girls in the
Granite State.
This project is supported in part by the New Hampshire Women’s Bar Association,
whose mission is to promote and support the advancement and interests of women in
the legal community through leadership, professional interaction, education and the
exchange of ideas between its members and the community.
STATE OF NEW HAMPSHIRE
COMMISSION ON THE STATUS OF WOMEN
John H. Lynch
Governor
Stefany A. Shaheen
Chair
Portsmouth
The New Hampshire Commission on the Status of
Women is a non-profit, non-partisan state agency established by the New Hampshire Legislature in 1969 with
the following legislative mandates (per RSA 19-B):
I. Stimulate and encourage throughout the state study
and revision of the statutes relative to women;
Marilyn Mahoney
Vice Chair
Goffstown
II. Recommend methods of overcoming discrimination
against women in public and private employment
and civil and political rights;
Bonnie White
Secretary
Hopkinton
III. Promote more effective methods for enabling women
to develop their skills and continue their education;
and
Louise Graham
Treasurer
Wolfeboro
IV. Secure, so far as possible, appropriate recognition
of women’s accomplishments and contributions to
the state.
Janice Markey
Center Tuftonboro
Laurie Chandler
Newington
Valerie Cunningham
Portsmouth
Fatima Deek
Manchester
Linda Gathright
Nashua
Gyme Hardy
Concord
Linda Landry
Exeter
Sandra Matheson
Hooksett
Pam Remick
Lancaster
A. Ronnie Sandler
Easton
Ellie Stein
Dunbarton
Sylvia E. Gale
Executive Director
The Commission is comprised of 15 members who are
appointed by the Governor and Executive Council to two,
three-year terms. Two full time staff, the Executive Director and Program Assistant, manage the Commission
office and all ongoing projects.
Additional copies of this handbook may be obtained on
the Commission website, www.nh.gov/csw, or by contacting the Commission office.
New Hampshire Commission on the Status of Women
State House Annex, Room 212,
Concord, NH 03301
Phone: (603) 271-2660
Fax: (603) 271-4032
cmswweb@nh.gov
www.nh.gov/csw
This handbook is strictly intended for informational purposes only and does not constitute legal services or representation. You
should seek legal advice for your particular
situation.
Permission is granted for the reproduction of the handbook, provided that credit is given to the New Hampshire
Commission on the Status of Women.
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ACKNOWLEDGMENTS
The Commission on the Status of Women thanks Abigail Moynihan, who while a Franklin Pierce Law Center Federal Work Study Program student, updated law to the Family
Law chapter included in the present edition of the handbook
The New Hampshire Commission on the Status of Women is deeply grateful to the
many individuals and organizations involved in the revision and publication of this
edition of A Legal Handbook For Women In New Hampshire.
Sylvia E. Gale, Executive Director
New Hampshire Commission on the Status of Women
Nancy A. Normand, Program Assistant
New Hampshire Commission on the Status of Women
Marilyn Mahoney, Attorney, Harvey and Mahoney, PA, Vice-Chair
New Hampshire Commission on the Status of Women
Sandy Matheson, Director of Victim Witness Advocacy, NH Department of
Justice, Office of Victim Witness Assistance, and Commissioner
New Hampshire Commission on the Status of Women
Linda Gathright, Commissioner
New Hampshire Commission on the Status of Women
Louise Graham, Treasurer
New Hampshire Commission on the Status of Women
Gyme Hardy, Ph.D., Commissioner
New Hampshire Commission on the Status of Women
Elizabeth Corell, Former Commissioner
New Hampshire Commission on the Status of Women
Pat Yosha, Former Commissioner
New Hampshire Commission on the Status of Women
Amanda Grady, Public Policy Director
New Hampshire Coalition Against Domestic and Sexual Violence
Jennifer Durant, Public Policy Specialist
New Hampshire Coalition Against Domestic and Sexual Violence
Elliott Berry, Attorney, New Hampshire Legal Assistance
Cathy J. Green, Attorney, Green & Utter, PA
Barbara Keshen, Attorney, New Hampshire Civil Liberties Union
Robin McGlone, AmeriCorps Victim Assistance Program
Alison M. Minutelli, Attorney, Wadleigh, Starr & Peters, P.L.L.C.
Dean B. Eggert, Attorney, Wadleigh, Starr & Peters, P.L.L.C.
Joni Esperian, Attorney, Executive Director
New Hampshire Human Rights Commission
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We also acknowledge those who took time to write, edit, or review previous
editions of the Handbook in 1997, 2000, and 2004. The New Hampshire Commission on the Status of Women is deeply grateful to the many individuals and
organizations who have been involved in the publication of A Legal Handbook
For Women In New Hampshire, including the following:
Theresa de Langis, Ph.D., Former Executive Director
New Hampshire Commission on the Status of Women
Lucy Hodder, Former Chair
New Hampshire Commission on the Status of Women
Elizabeth Paine, Former Commissioner
New Hampshire Commission on the Status of Women
Lillye Ramos-Spooner, Former Commissioner
New Hampshire Commission on the Status of Women
Jane Stapleton, Former Commissioner
New Hampshire Commission on the Status of Women
Jessica Stern, Former Commissioner
New Hampshire Commission on the Status of Women
Ronna Wise, Former Commissioner
New Hampshire Commission on the Status of Women
Joan Bishop, Heidi Boyack, Susan B. Carbon, Cindee Carter, Katharine Daly,
Pamela Dodge, Gina Grappone, Linda Gribsch, Bonnie Herrick, Virginia
Martin, Susan McKevitt, Lauren Thorne, Floretina Dinu, Francisca Mathes,
Melanie Ryan, Barbara Seebart, Corrine Stahr, Melissa Cordner, Kelly
Desmarais, Janet F. DeVito, Robert R. Howard III, Deborah Luppold, Raymond
Perry, Olivia A. Ruel, PhD, Katie Dunn, MPH, Mary Searles, Kristin Spanos,
Richard Cohen, Jennifer Holmes and the fourteen statewide crisis centers.
COPIES OF THE LEGAL HANDBOOK MAY BE DOWNLOADED
AND VIEWED AT WWW.NH.GOV
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PREFACE
A Legal Handbook For Women In New Hampshire is designed to provide
the women of New Hampshire with information about state and federal laws
related to:
Education
u Employment
u Housing
u Interpersonal violence
u Family law
u Criminal law
An extensive Resource Directory (found at the back of the Handbook) provides information on low-cost and pro bono legal services, a listing of New
Hampshire superior, district, and family courts, and contact information for
other useful agencies and organizations. A Glossary of Terms provides an
easy-to-use reference for unfamiliar legal terms. Terms in bold throughout the
Handbook are defined in the Glossary.
u
The goal of the Handbook is to provide basic knowledge of the law to women
in the state. It is meant to serve as a starting point for women who need to
take legal action for themselves or for their families. No special legal training
is required to use this Handbook.
While the handbook may contain answers to legal questions, it is not
a complete guide to the law, and it will not replace the services of a
lawyer. Please seek legal advice for your particular situation.
This Handbook has been revised to include the many changes to New Hampshire Law, most especially with respect to Family Law and Interpersonal Violence. Support services in all areas have also significantly changed since our
last revision. Past revisions of the Handbook recognized and incorporated
certain issues that are relevant and important to immigrant women. Immigrant women are women from other countries who have entered the United
States. Immigrants can be documented or undocumented (see Glossary for
more information). The Handbook attempts to address issues facing women
from both perspectives.
The material in this Handbook was current as of June 2009. Changes in legislation can occur at any time. Please contact the agencies involved if you have
any questions about the material or to verify that the laws described in this
Handbook have not changed. New Hampshire statutes also are available at the
New Hampshire state website at www.nh.gov.
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TABLE OF CONTENTS
Page
1.EQUAL PROTECTION UNDER THE LAW .............................................. 9
2.EMPLOYMENT ......................................................................................... 11
vForms of Employment Discrimination ................................................ 11
vNew Hampshire State Law . .................................................................. 11
vFederal Employment Laws . .................................................................. 11
vSexual Discrimination – Specific Cases . .............................................. 13
vFiling a Charge of Discrimination ........................................................ 15
vOther Important Employment Laws . .................................................. 18
3.EDUCATION ............................................................................................. 21
vForms of Educational Discrimination .................................................. 21
vProcedures for Filing Complaints ......................................................... 28
4.HOUSING .................................................................................................. 31
vHousing Discrimination......................................................................... 31
vTenants’ Rights and Responsibilities.................................................... 31
vThe Eviction Process.............................................................................. 35
vLead Paint Exposure............................................................................... 35
5.DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING ........... 39
vDomestic Violence.................................................................................. 40
vPower and Control Checklist................................................................. 40
vPersonalized Safety Plan........................................................................ 45
vInternet and Computer Safety............................................................... 48
v Sexual Assault............................................................................................. 61
vStalking................................................................................................... 70
vSafety Checklist - Stalking..................................................................... 73
v Address Confidentiality Program............................................................... 76
Statewide Crisis Centers see List at
Resource Directory page:............................................................. 147-148
6.FAMILY LAW ............................................................................................ 77
vMarriage................................................................................................. 77
vSame Sex Marriage formerly Civil Unions............................................ 78
vPaternity................................................................................................. 78
vParental Rights and Responsibilities..................................................... 81
vChild Support......................................................................................... 89
vDivorce.................................................................................................... 93
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7.CRIMINAL LAW ..................................................................................... 105
vVictim Support in the Criminal Justice System................................. 105
vAddress Confidentiality Program........................................................ 107
vYour Rights and Law Enforcement Officers....................................... 108
8.GLOSSARY OF TERMS .......................................................................... 111
9.RESOURCE DIRECTORY ....................................................................... 121
vService Providers: Working With Trained Language Interpreters . .. 122
vThe Earned Income Tax Credit............................................................ 124
vLegal Services In New Hampshire ...................................................... 125
vState, Federal Agencies and Private Organizations............................ 132
vNew Hampshire Courts........................................................................ 141
Directory of New Hampshire Visitation Centers ......... 134
NEW HAMPSHIRE VICTIM/WITNESS ASSISTANCE PROGRAMS ... 146
DIRECTORY OF NEW HAMPSHIRE CRISIS CENTERS ........... 147-148
HANDBOOK EVALUATION AND FEEDBACK . .................................. 151
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CHAPTER 1. EQUAL PROTECTION UNDER THE LAW
Equality of rights under the law shall not be denied or abridged by this state
on account of race, religion, color, sex, or national origin.
NEW HAMPSHIRE STATE CONSTITUTION, ARTICLE 2
June 2, 1784. Amended 1974
The general court hereby finds and declares that practices of discrimination
against any of its inhabitants because of age, sex, race, religion, color, marital
status, familial status, physical or mental disability or national origin are a
mat­ter of state concern, that such discrimination not only threatens the rights
and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety
and gen­eral welfare of the state and its inhabitants. In addition, the agencies
and councils so created shall exercise their authority to assure that no person
be discriminated against on account of sexual orientation.
NEW HAMPSHIRE LAW AGAINST DISCRIMINATION
Creation of the New Hampshire Commission for Human Rights
under RSA 354A:1
All persons have the right to engage in lawful activities and to exercise and
en­joy the rights secured by the United States and New Hampshire Constitutions
and the laws of the United States and New Hampshire without being subject to
ac­tual or threatened physical force or violence against them or any other person
or by actual or threatened damage to or trespass on property when such actual
or threatened conduct is motivated by race, color, religion, national origin,
ances­try, sexual orientation, gender, or disability.
NEW HAMPSHIRE CIVIL RIGHTS ACT
RSA 354-B:1
9
10
CHAPTER 2. EMPLOYMENT
v EMPLOYMENT DISCRIMINATION
Unlawful employment discrimination occurs when an individual is denied employment or is harassed in an employment setting based on sex, race, religion,
color, marital status, physical or mental disability, pregnancy, age, national
origin, or sexual orientation. Not being hired because the employer prefers a
man to do the job or firing or forcing a worker to retire because she is “over the
hill” are examples of employment discrimination. Women can be discriminated
against if they receive less pay because of their sex, or if they are not hired, or
are fired, because they are pregnant.
A number of state and federal laws prohibit employment discrimination. Which
laws apply depend on different factors, such as the number of employees an
employer has.
New Hampshire State Law
New Hampshire’s state law against discrimination in employment states in
part that it shall be an unlawful discriminatory practice for an employer, because of the age, sex, race, color, marital status, physical or mental disability,
national origin, or sexual orientation of a worker, to deny an equal opportunity
for employment.
State employers with six or more employees are subject to this law. Labor
organizations, employment agencies, state government agencies and non-profit
organizations are also subject to this law.
Fraternal and private social clubs are not covered by this law, nor are
positions when it is a job requirement, as, for example, that the applicant
be female to work in the New Hampshire State Women’s Prison as a corrections officer.
It is unlawful for any employee to be required as a condition of employment
that they retire upon reaching a certain age or number of years of service.
However, it is not unlawful for an employer to establish a normal retirement
age based on chronological age or length of service or both, provided it is not
used to justify retiring an employee or failing to hire a prospective employee.
The New Hampshire employment discrimination law applies to all ages, unlike
federal law, which applies only to workers who are 40 years old or older. Also,
unlike the various federal laws, New Hampshire’s law extends protection on
the basis of marital status and sexual orientation.
New Hampshire’s employment discrimination law is enforced by the New
Hampshire Commission for Human Rights, a state agency working in partnership with the U.S. Equal Employment Opportunity Commission (EEOC).
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Federal Employment Laws
¨ The Civil Rights Act of 1964, as amended, Title VII, prohibits workplace
discrimination based on sex, race, national origin, color, or religion.
There must be a minimum of 15 employees for employers to be subject to the
law. This includes labor organizations, employment agencies, and advertising.
Prohibited discriminatory conduct by an employer based on the above categories includes:
u
recruitment, hiring, and firing decisions
u
assignments and classifications of employees
u
compensation and benefits
u
promotion and advancement opportunities
u
disability leave
These are referred to as the Terms and Conditions of Employment.
Employees who complain to their supervisor or their employer’s personnel or
human resources representative about harassment or discrimination, or who
suffer “adverse job action”, such as being fired, having hours or shifts changed,
or receiving poor reviews, as a result of reporting harassing behavior, are protected under the legal category of “Retaliation”. Reporting discrimination of
any kind is considered a “protected activity”. A workplace should be a place with
equal opportunity for all. Employees should feel safe and encouraged to report
harassment. Any employee who participates in an investigation, or who opposes
discriminatory practices by reporting harassment is protected. For example,
in a Charge of Discrimination, a person can check Race Discrimination and
separately check Retaliation.
¨ The Age Discrimination In Employment Act of 1967 (ADEA) prohibits
discrimination based on age for individuals who are 40 years old and older.
There must be a minimum of 20 employees for employers to be subject to
this law. Some specific examples of prohibited acts are
u
Hiring notices or advertisements that include statements or specifications
of age preference and limitations.
u
Running an apprenticeship program that allows people to participate
based on their age.
u
Denying benefits to older employees. An employer may reduce benefits based
on age only if the cost of providing the reduced benefits to older works is the
same as the cost of providing benefits to younger workers.
Americans With Disabilities Act (ADA) prohibits employers with 15 or
more employees from discriminating in the workplace against workers with a
disability both in private work and state and local government work.
An individual with a disability is a person with a physical or mental impairment that substantially limits one or more major life activities that an average
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person can perform with little or no difficulty. Such activities include walking,
breathing, seeing, hearing, speaking, learning, and working. If an individual
with a disability satisfies all skill, experience, education, and other job-related
requirements of employment, it is illegal for that person to be dismissed or not
hired solely on the basis of a disability.
Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability, nor may a job offer
be conditioned on the results of a medical examination that is not job-related,
consistent with business necessity, or required of all entering employees in the
same job category.
Employers are required to make reasonable accommodations upon request
so that a person with a disability may apply for a job, perform job functions,
or enjoy the benefits and privileges of employment that are enjoyed by people
without a disability. An employer is not required to make such accommodations
if they impose an undue hardship on the operation of the employer’s business
in terms of cost, difficulty, and production.
¨ The Rehabilitation Act of 1973 prohibits employers from discriminating
at work against people with disabilities who work in federal government.
v SEXUAL DISCRIMINATION – SPECIFIC CASES
Sexual harassment can be a discriminatory employment practice and is prohibited by both federal and state law. Sexual harassment can take many forms,
including requests for sexual favors, unwelcome sexual advances, or other conduct
of a physical, verbal, or visual nature that is unwelcome and offensive. It can be
done by a supervisor who either explicitly or implicitly requires sexual activity
or intimacy in order to keep a job or to receive a promotion. It can come from
co-workers who create a hostile working environment. The gender or sexual
orientation of the person harassing and the person being harassed is not the
determining factor – sexual harassment can occur between members of the
same sex or of the opposite sex.
Sexual harassment exists particularly when one or more of the following conditions are met:
¨ You are forced to deal with the harassment in order to get a job;
¨ Your giving in to or rejecting the harassment is used to make decisions about
your employment;
¨ The harassment interferes with your employment; or
¨ The conduct creates an “intimidating, hostile, or offensive” work environment.
Sexual harassment can include, but is not limited to:
¨ Whistling or lewd gestures;
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¨ Deliberate bumping or leaning against a person, massaging their body,
grabbing their private parts;
¨ Sexual assault and rape;
¨ Verbal comments about your body, your clothing;
¨ Non-verbal staring, leering, and gesturing;
¨ Sexual notes, phone messages, email messages, graffiti, dirty jokes, offensive
cartoons, or gossip about another person;
¨ Inappropriate touching or grabbing of clothing;
¨ Demands for dates or sexual acts, or threats for not complying with the
demands;
¨ Gay bashing;
¨ Harassment through the Internet or phone system, including emails, voice
mail, and text messages;
¨ Harassment with postings on MySpace, Facebook, or blogs;
¨ Sending or leaving another person pornographic material; or
¨ Exposure of him or herself.
No matter who is doing it, the harassment should be reported immediately
so that the employer can stop it. There are several steps you can take if you
believe you are being sexually harassed:
¨ You have the option to let the harasser know that the conduct is offensive
and to demand that it stop. You can do this in writing if you are uncomfortable doing it in person. If you do feel comfortable confronting the harasser
in person, focus on the person’s behavior, not on them personally. Be clear
about what behavior you want stopped.
¨ If this does not help, or is not a step you feel comfortable taking, review
the company policy on sexual harassment and follow its grievance
procedure as outlined. The company’s policy will tell you who in the company to notify in the event you experience sexual harassment.
¨ Remember that sexual harassment is a form of illegal employment discrimina-
tion under state and federal law. If the suggestions above are not effective, you
can file a formal employment discrimination complaint, as described below.
Pregnancy-based discrimination means that pregnancy, childbirth, and
related medical conditions must be treated in the same way as other temporary illnesses or conditions. Employers who have six or more employees (full
or part-time) are covered. Such employers must grant a female employee leave
for the period of time she is physically disabled due to pregnancy, childbirth
or related medical conditions.
There is no set period of time for maternity leave. It is based on the period
of disability as determined by a physician, usually the employee’s personal doc14
tor. An employer cannot set a pre-determined point in time when a pregnant
employee can be forced to stop working. An employee can work until she physically is unable to perform her job. If morning sickness or other conditions in
the early stages of pregnancy disable the employee, she may need temporary
leave and then return to work until the end of the pregnancy.
Whether or not the employee receives pay or benefits while out on maternity
leave depends on the way the employer treats other employees with temporary
physical disabilities. If the employer continues to pay other temporarily disabled
employees while on leave, the employer must also pay pregnant women who are
out on maternity leave. If the employer requires use of vacation or sick leave for
temporary disabilities, then the employer may require the same for pregnancy.
If an employer provides health insurance coverage for temporary disabilities,
then coverage also must include pregnancy, childbirth, and related medical
conditions. If the particular policy purchased by the employer excludes pregnancy, the employer will be considered to be self-insured regarding pregnancy
and thus be responsible for all pregnancy-related costs equal to costs covered
by the policy for other temporary physical disabilities.
When the employee is physically able to return to work, the employer must
make her original job or a comparable position available to her, unless business
necessity makes this impossible or unreasonable. An employer’s preference
for one employee over the other cannot be a factor in deciding what job the
returning employee gets.
An employee cannot be laid off or fired while pregnant or on maternity leave
for reasons related to her temporary disability. However, an employee, while
pregnant or on maternity leave, is not immune from a general and legitimate
lay off of employees. Pregnancy itself is not covered by worker’s compensation
or unemployment compensation benefits in New Hampshire, but if there is a
lay off, an employee who is out on maternity leave may be eligible for unemployment compensation benefits due to the lay off.
An employer is not required to grant leave for the purposes of childcare and
bonding, but only for the actual period of time during which the employee is
disabled. However, if an employer permits childcare leave, it must be granted
equally to both men and women employees.
v FILING A CHARGE OF DISCRIMINATION
If you feel that you have been discriminated against or sexually harassed
under state or federal law, you can file a complaint with your employer. Remember that retaliation against an employee who makes a complaint with
the employer or files a Charge of Discrimination in good faith with the New
Hampshire Commission for Human Rights or the EEOC is illegal. Therefore, it
is very important that you document any adverse actions that are taken as a
result of your complaint or charge.
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¨ Write down what happened. Keep a personal journal of all that happens.
After each incident, write down the date, day, time, who did it, what he or
she did, and where it happened. It is very important to keep accurate track
of these dates. Make a note of any witnesses. Write down how you felt, such
as, “I was depressed,” or “I was not able to concentrate on my work.” Were
you discriminated against based on your sex, pregnancy, race, religion, sexual
orientation, or something else? Write down why you believe so.
¨ Talk to the person in charge. Some companies and organizations have spe-
cific policies that deal with discrimination and unlawful harassment. Review
the company’s policy and follow its grievance procedures. Keep a log of all
conversations with supervisors. If you are employed by a small business in
which your boss is the person discriminating against you, and in which there
is no one else to whom to report the situation, contact the New Hampshire
Commission for Human Rights or the EEOC as soon as possible.
¨ Continue to do a good job at work. It is important that the person ha-
rassing or discriminating against you does not have any other reasons to
explain his or her actions. Keep a journal of the work you perform. Keep
copies of performance evaluations to show that you do a good job at work.
The harasser may question your job performance in order to defend his or
her own behavior.
¨ Ask any witnesses to give you a statement, in writing or on tape, of
what they saw and heard. Make sure they are as detailed as possible.
¨ Save any notes, messages, gifts, posters, and answering machine
tapes that you have received from the person harassing you. Even if the
items are disgusting or upsetting, it is important that you keep them for
evidence. However, do not tape record conversations (in person or by
telephone) without the knowledge and consent of the person you are
taping as this is a criminal act under New Hampshire law.
¨ Get emotional support from family, friends, a crisis center advocate, a
therapist, or clergy. This often can be the most important, and sometimes
most difficult, action you take. Some people feel depressed or get physically
ill as a result of discrimination. New Hampshire law makes getting help safer
for you. The law states that information shared with a crisis center advocate shall remain confidential unless the crisis center has received written
permission from you. This means you can disclose information about your
situation to a crisis center advocate and receive help and support without
any of the conversation being revealed to the government, your harasser,
or any other third party.
¨ File a Charge of Discrimination.
The New Hampshire Commission for Human Rights and the United States Equal
Employment Opportunity Commission (EEOC) have a partnership where each
can mediate, investigate, and enforce employment discrimination claims.
16
New Hampshire has jurisdiction over claims which are filed 180 days after the
last date of discrimination. The EEOC in Boston has jurisdiction over claims
which are filed 300 days after the last date of discrimination. The EEOC will
not have jurisdiction over some types of discrimination, such as for marital
status or sexual orientation, but New Hampshire will; New Hampshire will not
have jurisdiction, for example, over fraternal organizations, social clubs, and
religious based places of employment, but the EEOC will.
To start the formal complaint process, a Charge of Discrimination must be
completed. In New Hampshire, the Commission for Human Rights has an
employment questionnaire on their web site (www.nh.gov/hrc/), which helps
individuals gather the information necessary to form the basic information
needed for the Commission to screen a Charge. The questionnaire itself is not
a Charge. However, it can be sent to the Commission electronically, mailed in,
or can be handy when calling on intake days. New Hampshire has Discrimination Investigators who conduct intake on Tuesdays and Thursday. Contact the
New Hampshire Commission for Human Rights at 603-271-2767.
The closest office of the United States Equal Employment Opportunity Commission (EEOC) is located in Boston, Massachusetts. You can contact them at
JFK Federal Building, Room 475, Boston, MA 02203; 1-800-669-4000.
Individuals who need an accommodation in order to file a charge (for example, sign
language, interpreter, print materials in an accessible format) should inform the EEOC
or Commission for Human Rights so appropriate assistance can be provided.
Federal employees or applicants for federal employment should see the fact
sheet about Federal Sector Equal Employment Opportunity Complaint Processing, found at www.eeoc.gov.
To file a complaint against a state or local government employer with a practice
or pattern of illegal discrimination, contact the Employment Litigation Section
in the Office of Civil Rights with the U.S. Department of Justice.
In addition, individuals with a disability should contact the Disability Rights
Center located at 18 Low Ave. Concord, NH 03301, 603-228-0432, www.drchn.
org, which represents individuals with disabilities in legal and administrative
matters that arise because of their disabilities.
If your employer requires specific documents, such as a green card, or rejects
such documents only from applicants of certain national origins, you also can
contact the Office of Special Counsel at the U.S. Department of Justice.
Information required to file a Charge of Discrimination:
When filing a Charge of Discrimination, you will need to provide:
u
u
your name, address, and telephone number
the name, address, and telephone number of your employer, and the
number of employees, if known
17
u
a short description of the incident(s)
u
the date(s) of the incident(s)
Be aware that the statute of limitations is short. Under New Hampshire
law, you have only 180 days (six months) from the date of the last incident
to file a formal complaint. If your employer has more than 15 employees,
federal law may also cover your case. In that case, you have up to 300 days
to file a complaint.
It is important to remember that all laws enforced by the EEOC require filing
a charge with the EEOC before a private lawsuit may be filed in court.
Available remedies when discrimination is found to have occurred:
Remedies are available for employment discrimination, whether caused by
intentional acts or by practices that have a discriminatory effect. Some examples
of remedies are:
u
Back pay
u Hiring
u Promotion
u Reinstatement
u Front pay
u Reasonable accommodation
u Other actions that will make an individual “whole” (in the condition she
would have been in but for the discrimination)
u Attorneys fees
u Expert witness fees
u Court costs
When intentional discrimination can be proven, an employee may also be
awarded money damages to compensate for any actual financial losses, for future financial losses, and for mental anguish and inconvenience. If an employer
acted with malice or reckless indifference, an employee may also be awarded
punitive damages as a means of punishing the employer.
v OTHER IMPORTANT EMPLOYMENT LAWS
The Equal Pay Act
Both New Hampshire and the federal laws have an Equal Pay Act (EPA), which
protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. Both the state and federal law
prohibit discrimination on the basis of sex in the payment of wages or benefits,
where men and women perform work of similar skill, effort, and responsibility
for the same employer under similar working conditions.
18
The EPA covers virtually all employers. The law includes the following specific
provisions:
¨ Employers may not reduce wages of either sex to equalize pay between men
and women.
¨ A violation of the EPA may occur where a different wage was or is paid to a
person who worked in the same job before or after an employee of the opposite sex.
Unlike other laws enforced by the EEOC, the EPA does not require filing a
charge with the EEOC before a private lawsuit may be filed. New Hampshire
EPA claims must be filed with the New Hampshire Department of Labor Wage
and Hour Division or in Superior Court. Federal EPA claims may be filed with
the EEOC or in federal court (See Resource Directory). Wage discrimination
charges must be filed within one year of the alleged violation. If you believe
that you have experienced a violation under the EPA, you should contact an
attorney who specializes in this area of the law.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) of 1993 is a federal law that allows
women and men who are employed by companies with 50 or more employees
to take up to 12 unpaid weeks a year for the following reasons:
¨ Employee’s serious health condition which renders the employee unable to
perform an essential function of his or her position;
¨ To care for a child, spouse, or parent with a serious medical condition; or
¨ Following childbirth, adoption, or placement of a foster child.
Employees must have worked for the employer for at least a total of 1,250
hours (7.5 months) during the past 12 months preceding the request for
leave. Leave can be taken all at once or spread throughout the year. However, there is no wage replacement provided under FMLA and employers
may require employees to use up accrued vacation and sick time. Employees
should provide employers notice of the need for family and medical leave at
least 30 days in advance of foreseeable events and as soon as possible for
unforeseeable events (usually within one or two business days of learning
of the need for a leave).
When an employee returns from FMLA, the employer must reinstate the
employee to the same position, if it is available, or to an equivalent position
for which the employee is qualified with the same pay, benefits, and terms and
conditions for employment.
Under certain limited circumstances, the employer may not be required to
restore an employee to his or her position after termination of leave if the employee is among the highest paid ten percent of employees of the employer.
19
It is important to note that the rights provided by FMLA are in addition to
and do not replace the rights that are provided under New Hampshire state law
to women who are pregnant as described earlier in this chapter, or any other
rights an employer may provide by contract, policy, or otherwise.
The U.S. Department of Labor enforces FMLA. To file a FMLA complaint, individuals should contact the Wage and Hours Division, Employment Standards
Administration, U.S. Department of Labor, in New Hampshire contact:
Manchester Area Office
US Department of Labor
ESA Wage & Hour Division
1750 Elm Street - Suite 111
Manchester, NH 03104-2907
Phone: (603) 666-7716
1-866-487-9243
www.dol.gov/esa
TAKING CARE OF YOURSELF
If you feel you are being sexually harassed or discriminated against, do
not blame yourself. It is not your fault. Many people hope that ignoring the
problem will make it disappear. Rarely does that happen. Discrimination
and harassment can be emotionally damaging. It is important to take care
of yourself.
¨ Know that you have done nothing to provoke or cause the harassment or discrimination. What is happening to you is not your fault
and is not because of anything that you have or have not done.
¨ Join a support group. Local crisis centers can assist you in locating a
support group in your area.
¨ Get emotional support from family and friends. Keep in touch with
friends who are supportive and understanding. Tell someone about each
encounter with the harasser. You also can call your local crisis centers
for support 24 hours a day, 365 days a year.
¨ You may experience stress and trauma and may want to seek professional assistance. You may begin to experience feelings like rage,
terror, suspicion, an inability to trust anyone, depression, changes in
sleeping and eating patterns, exhaustion, or frequent crying spells. You are
not going crazy. Your body and mind are reacting to the stress caused by
the harassment. Talking to someone who is trained to work with victims
and survivors may help you deal with the experience.
20
CHAPTER 3. EDUCATION
v Forms of Educational Discrimination
Unlawful discrimination in education occurs when a person is denied equal ac­
cess to education or is harassed in an educational setting based on sex, race, religion, color, marital status, physical or mental disability, pregnancy, age, national
origin, or sexual orientation. Several state and federal laws prohibit educational
discrimi­nation and harassment. These laws cover any school receiving federal
funds, including public and nonpublic schools, colleges, and universities.
This chapter provides a brief overview of the following types of discrimination:
A. National Origin Discrimination: Title VI of the CIVIL RIGHTS ACT OF
1964 prohibits discrimination in schools based on race, color, and national
origin.
B. Sex Discrimination: Title IX of the EDUCATIONAL AMENDMENTS OF
1972 prohibits discrimination based on sex in any educational program or
activity receiving federal money. New Hampshire state law requires: 1) protection from discrimination in public schools on the basis of sex, race, religion,
color, marital status, or national ori­gin, and 2) that no person is denied the
benefits of educational programs or activities on the basis of sex, race, creed,
color, marital status or national origin.
C. Homeless Students: The McKinney-Vento Homeless Assistance
Act of 1986 sets forth certain rights for homeless students.
D. Sexual Harassment: TITLE IX of the EDUCATIONAL AMENDMENTS
OF 1972 prohibits sexual harassment in schools.
E. Bullying: PUPIL SAFETY AND VIOLENCE PREVENTION ACT OF 2000
This state law requires that each school board adopt a pupil safety and violence preven­tion policy that addresses pupil harassment, or “bullying.”
F. Students with Disabilities: Section 504 of the REHABILITATION ACT
OF 1973 protects qualified individuals with disabilities from discrimination in programs or activities receiving federal funds. The Act requires
that students with disabilities have an equal opportunity to participate in
a free, appropriate public education, through completion of high school or
age 21, whichever occurs first, including, to the maximum extent appropriate, participation in non-academic settings and extracurricular activities.
Although not a discrimination law, the INDIVIDUALS WITH DISABILITIES EDUCATION ACT OF 2004 (IDEA) requires that school districts
provide eligible students up through Grade 12 with disabilities with a free
appropriate public education.
This chapter concludes with an overview of the process for filing discrimination complaints.
21
A. National origin discrimination: TITLE VI OF THE CIVIL RIGHTS ACT
OF 1964
It is illegal to discriminate in education against people because of their birth­
place, ancestry, culture, or linguistic characteristics common to their specific
ethnic group. National origin discrimination includes discrimination against
persons with limited-English proficiency (LEP).
If you (as a student) or your child has LEP, the law requires the school district
to provide alternative language services to allow the student to learn English.
The school district also must provide students with LEP with meaningful access
to the same education available to all other students, including appropriate
special education and related services, as well as honors courses and advanced
placement classes.
Children who are not citizens have a constitutional right to receive public
education through grade 12, including access to appropriate special education
programs, on the same basis as citizens. This includes individuals who are permanent resi­dents, as well as documented and undocumented immigrants.
It is illegal to discriminate against a student based on his/her immigration status.
You should contact an immigration advocate right away if your child’s school:
u
Asks about your child’s immigration status or requests documentation;
u Denies admission to your child during initial enrollment or at any other
time because of immigration status;
u Treats your child differently from other children because of his or her
immigration status; or,
u Requires you or your child to apply for a social security number.
Students without social security numbers should be given a number created
by the school. Adults without social security numbers who are applying for a
free lunch or breakfast program for a student need only state on the applica­
tion that they do not have a social security number. Verification of immigration
status may be requested when applying for financial aid.
For more information, contact the INTERNATIONAL INSTITUTE
OF NEW HAMPSHIRE at 603-647-1500 or the PARENT
INFORMATION CENTER at 1-800-947-7005 or 603-224-7005.
B. Sex Discrimination: Title IX of the Educational Amendments of 1972 was
the first federal law to prohibit sex discrimination in schools that receive
federal funding. Section 1681 of Title IX says:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
education program or activity receiving Federal financial assistance…
22
Title IX covers all areas of education, including admission into vocational education programs, professional education, graduate education, and public institutions of undergraduate higher education. Recruitment, educational programs
and activities, facilities and housing, scholarships, counseling, course offerings
and access, financial aid, athletics, health insurance benefits and services are also
covered by Title IX. The law also protects against discrimination based on the
marital and paren­tal status of students. These rules apply to schools that receive
federal funds. In addition, RSA 186:11 requires that the NEW HAMPSHIRE
STATE BOARD OF EDUCATION (see RESOURCE DIRECTORY) ensure that
students in public schools are protected from discrimination on the basis of sex.
The State Board must also ensure that students are not denied the benefits of
educational programs or activities on the basis of sex. Each local school board
must have a policy that prohibits sex discrimination and sexual harassment.
Each school district must have a Title IX Coordinator who investigates gender discrimination complaints. The name of the Title IX Coordinator must be
made available to the public by the lo­cal school district office and publicized
to parents, students, and teachers.
Recruitment
All classes, except those involving sex education and contact sports, should be
open to both sexes. The above two exceptions may be taught separately as long
as the same opportunity is offered to students of both sexes. A school district
must not use any test or criterion that tends to lead one sex into a program or
activity and lead the other sex away, thus causing unequal enrollment.
Athletics and Physical Education
Each school district must ensure that equal opportunity and equal funding are provided for both sexes in interscholastic, intercollegiate, club, or
intramural athletics. Equal equipment, supplies, facilities, number of games,
practice times, travel allowance, and compensation to coaches are necessary
under Title IX. Separate teams for contact sports, or in sports where competitive skill is involved, are allowed.
Counseling and Guidance
Schools may not discriminate against any person on the basis of sex in the
counseling or guidance of students. Career information and career choice should
be based on a student’s abilities and interests, not the student’s sex. Financial assistance, awards, scholarships, and testing must show equal opportunity to both
sexes. In addition, schools may not discriminate on the basis of sex in providing
medical, hospital, accident, life insurance, services, or policies to any student.
Marital Status
Schools may not punish students because of their marital status. Also, schools
cannot require married students to use a specific name. Married persons have
the same rights as unmarried persons and may not be excluded from activi23
ties and full participation in school. Also, Title IX states that a rule may not
be estab­lished concerning a student’s actual or potential parental, family, or
marital sta­tus that treats students differently on the basis of sex.
Pregnancy
Pregnant students may not be discriminated against or excluded from school,
programs, or activities unless the student voluntarily requests to participate
in a separate activity.
Additional items:
Although not specifically covered by Title IX, the following areas are central
to a school environment free of gender bias:
Textbook and Curricular Materials
Sexual stereotyping and sexual bias often occur in school activities, textbooks,
classroom materials, and testing. Teachers, principals, and local school boards
choose textbooks and materials. Title IX does not apply to this area. However,
public awareness and pressure has resulted in eliminating some sexism in textbooks. Parents should encourage schools to develop policy state­ments and guidelines to examine possible sex bias in textbooks and instructional materials.
Dress Codes
Schools may adopt reasonable dress codes. Students have the right to freedom
of expression and freedom of association; however, those rights may be limited
by the school’s legitimate safety and educational concerns. A public school cannot adopt a dress code that applies to one sex and not the other. For example,
a school cannot insist boys wear short hair and allow girls to wear long hair.
Most dress codes must be broad and flexible to be considered legal.
C. Homeless Students: The McKinney-Vento Homeless Assistance Act of
1986 sets forth certain rights for homeless students. Homeless students are
“individuals who lack a fixed, regular, and adequate nighttime residence,”
such as children sharing housing due to economic hardship or loss of housing, children living in motels, hotels, trailer parks, or camp grounds because
of a lack of alternative, adequate housing, children living in emergency or
transitional shelters, children awaiting foster care placement, children living
in cars, parks, public spaces, abandoned buildings, substandard housing, bus
or train stations, migratory children, and children whose primary nighttime
residence is not ordinarily used as a regular sleeping accommodation.
Schools are required to register homeless children, even if they lack certain
documents such as immunization records or proof of residence. In addition,
homeless students are afforded certain rights, such as, to the extent feasible,
the right to attend the school that they attended before they became homeless.
This is known as the school of origin. At the request of the parent or guardian,
schools are required to provide transportation to the school of origin. When a
24
homeless student is attending a school other than his or her school of origin,
the school must provide homeless students with transportation comparable to
that provided to students with homes.
If you are a homeless child with a disability without parents, you may be entitled to an educational surrogate parent. You should contact your local school
district’s homeless liaison for more information.
Each local educational agency must designate a staff person to serve as a
homeless liaison. The liaison’s duties include: identifying homeless children
and youth, ensuring that families and children receive educational services for
which they are eligible, ensuring that enrollment disputes are mediated, and
assisting with accessing transportation.
D. Sexual Harassment: Title IX of the Educational Amendments of 1972
makes sexual harassment in school illegal. Anyone can be a victim of
sexual harassment in a school setting, including, but not limited to:
teenagers, children, and those who are physically or mentally disabled.
Victims of sexual harassment may also be targeted because of their race,
gender, sexual orientation, national origin, or economic status. Anyone
can be guilty of engaging in unlawful sexual harassment: a teacher,
administrator, coach, staff person or other student. Some forms of
sexual harassment can also constitute bullying. (Bullying is discussed
below in part E of this chapter). The gender or sexual orientation of
the person harassing, and the person being harassed, do not determine
whether unlawful harassment has occurred. (Teachers and employees
can be victims of sexual harassment. See Chapter 2 for laws relevant to
harassment in an employment setting).
What Is Sexual Harassment In Schools?
Sexual harassment can take many forms, including, but not limited to:
u
u
u
u
u
u
u
u
u
u
Whistling, cat calls, or dirty gestures;
Deliberate bumping or leaning against another person;
Comments about a person’s body;
Sexual phone calls, e-mails, text messages, notes, messages, graffiti, or
gossip;
Inappropriate touching or grabbing of clothing;
Demands for dates or sexual acts, or threats for not complying with the
demands;
Gay bashing;
Harassment through the Internet;
Sending or leaving another person pornographic material; or
Indecent exposure.
25
If this conduct is interfering with a student’s education, it may be unlawful
ha­rassment.
Each school board must adopt a policy prohibiting sexual harassment and a
rule prohibiting unlawful discrimination in educational programs and activities
on the basis of sex, race, age, religion, color, marital status, national origin or
disability. The school’s anti-discrimination and sexual harassment policies must
be publicized to students, teachers, and parents.
If you (as a student) or your children are being sexually harassed or discriminated against by a teacher, staff member or another student, it is important
to speak up. Also, you should know that you do not have to be a victim of
discrimi­nation or harassment yourself to file a complaint.
E. Bullying: New Hampshire Pupil Safety and Violence Prevention Act of 2000
requires each local school board to adopt a pupil safety and violence prevention policy that addresses “bullying.” Examples of bullying include:
u Hitting, punching, or other physical contact;
u Spreading rumors about people;
u Teasing people; and
u Other behavior that is likely to intimidate, threaten, or provoke a response
from another person.
The policy must describe the action to be taken by the local school board to resolve
pupil harassment. At the beginning of each school year, school districts must give
parents written notice of their pupil safety and violence prevention policy and the
appeals process available at the local and state levels. If your child tells you that he
or she is being bullied at school, it is important to speak to a school official.
School employees who witness or have reliable information that a pupil has
been subjected to insults, taunts or challenges which are likely to intimidate
or pro­voke a violent or disorderly response, must report such incident to the
principal or other designated person, who in turn must report the incident to
the superintendent. Within 48 hours after the incident occurs, the principal,
or his/her designee, must report the incident to the parents or legal guardians of all pupils involved. The report must advise the parents about their due
process rights, including the right to appeal to the state board of education,
and the report must be made by telephone and in writing. The superintendent
may, within the 48 hour period, grant the principal a written waiver from the
notification requirement if the waiver is in the best interest of the child.
F. Students With Disabilities: Section 504 of the Rehabilitation Act of 1973
provides schools cannot discriminate against qualified students with disabilities. A student has a disability under Section 504 when: 1) he or she
has a physical or mental impairment that substantially limits one or more
major life activities; 2) he or she has a record of such impairment, or 3)
he or she is regarded as having such an impairment. Major life activities
include: walking, seeing, hearing, speaking, breathing, and learning.
26
Under Section 504 of the Rehabilitation Act of 1973, school districts must
provide qualified students with disabilities with equal access to educational opportunities. This is usually accomplished by providing qualified students with
disabilities with a free, appropriate public education (FAPE). Under Section 504, a
FAPE is “the provision of regular or special education and related aids and services
that are designed to meet individual educational needs of handicapped persons
as adequately as the needs of non-handicapped persons are met.” There are also
specific procedural requirements that school districts must comply with. One way
of meeting these requirements is through the implementation of an Individualized
Education Program, as described by the Individuals with Disabilities Education
Act. This requirement is discussed in more detail below.
The Section 504 Accommodation Plan is the tool that school districts use to meet
their obligation to provide a FAPE to a qualified student with a disability. With
the Section 504 Plan, qualified students with disabilities can receive reasonable
accommodations to provide equal access to educational opportunities.
The INDIVIDUALS WITH DISABILITIES EDUCATION ACT of 2004 (IDEA)
requires that school districts provide eligible students up through Grade 12 with
disabilities with an individualized education program (IEP) that allows the student
to receive a FAPE in the least restrictive environment. The IDEA also requires that
parents be given the opportunity to be involved in the educational planning for
their children with disabilities. The school district must make a reasonable effort
to ensure that parents understand, and are able to participate in, any group decisions relating to the educational placement of the student, including arrang­ing
for an interpreter for parents whose native language is not English.
In New Hampshire, written parental consent is required for student evaluations,
determining or changing a disability classification, the IEP, placement, and changing
the nature or extent of a child’s special education or related services. If a parent fails
to respond to a request for consent, the school district can implement the proposed
changes, as long as it has taken reasonable measures to obtain parental consent.
A school district should evaluate a child who may have limited-English proficiency by evaluating the child’s proficiency in English as well as in his or her
native language to distinguish language proficiency from disability needs. These
evaluations should be selected and administered non-discriminatorily and in
the child’s native language or other mode of communication unless it is not
possible to do so. If parents disagree with the results of a school’s evaluation,
they may request that the school pay for an independent evaluation. Students
must be reevaluated by the school district at least once every three years, or
more frequently if the parent or teacher requests it.
Once a child has an IEP, it must be annually reviewed by the IEP Team and be
in place at the beginning of each school year. Among the many components of an
IEP is an explanation of how parents will be informed regularly of their child’s
progress. In addition, parents must receive a written invitation to an IEP meeting
at least ten days before the meeting occurs. Parents may invite other individuals
to the meeting who have special expertise or knowledge about the child.
27
The New Hampshire Rules for the Education of Children with Disabilities, Ed.
1100, outline clear timelines for each step of the special edu­cation process – from
identification, to evaluation, to placement. For more infor­mation on the special
education process, contact the DISABILITY RIGHTS CENTER at 1-800-8341721 or 603-228-0432 or the PARENT INFORMATION CENTER at 1-800947-7005 or 603-224-7005.
Procedures For Filing Complaints:
If you are a student and feel uncomfortable talking about your situation alone,
then ask a friend, a parent or another adult with whom you feel comfortable
to attend the meeting with you. If English is not your native language, or if
you need other special accommodations, be sure to request that these arrangements be made.
Write down what happened. Make a note of how you felt when you were harassed or discriminated against. Were you depressed, scared, ashamed, shocked?
Note details, including names of witnesses and the approximate date of the
incident and if it is still occurring. Remember to make a copy to keep for your
own records.
Title IX
If the harassment or discrimination is based on your sex, contact the Title IX
Coordinator in your school district. This person has been designated by your
school district and is responsible for handling complaints about Title IX vio­lations.
Once notified, the Title IX Coordinator will investigate the complaint.
You may also contact the Office for Civil Rights at 617-635-2500 or OCR.
Boston@ed.gov, or bring a lawsuit under federal or state law. However, you may
need to exhaust administrative remedies before filing a lawsuit.
Section 504
If you (as a student) or your child has been the subject of disability discrimination you may file a complaint with your district’s Section 504 Coordinator.
You also have the right to request an impartial hearing with respect to actions
regarding the identification, evaluation, or educational placement of your child.
Your district’s Section 504 Coordinator will have a copy of the hearing procedures adopted by your school district.
You may also file a complaint with the Office for Civil Rights at 617-635-2500
or OCR.Boston@ed.gov, or bring a lawsuit under federal or state law. However,
you may need to exhaust administrative remedies before filing a lawsuit.
The Individuals With Disabilities Education Act Of 2004 (Idea)
Procedural safeguards provide for resolution of disputes, first by informal
methods and then, if this is not successful, through complaint and investigation. Complaints that a school has violated state or federal special education requirements, including not following an IEP, may be filed with the
28
NEW HAMPSHIRE DEPARTMENT OF EDUCATION Complaints Office at
603-271-3730. The complaint will be reviewed by the Complaints office of
the Bureau of Special Education, and if the issues presented are appropriate
for complaint procedures, then it will be investigated by the Department of
Education. The Department may require that the school district take steps to
remedy any violations. You may also file a request for due process.
In addition, you may file a request for due process on any matter pertaining
to the identification, evaluation, educational placement, or provision of FAPE
to your child. If you file a request for due process, you will have certain obligations, such as the need to participate in a resolution session with your school
district. For more information, contact the NEW HAMPSHIRE DEPARTMENT
OF EDUCATION, Office of Legislation and Hearings at 603-271-2299.
Taking Care of Yourself
If you feel you are being harassed or discriminated against, do not blame your­
self. It is not your fault. Many people hope that ignoring the problem will make
it disappear. Rarely does that happen. Discrimination and harassment often can
be emotionally damaging. It is important to take care of yourself.
Know that you have done nothing to provoke or cause the harassment.
What is happening to you is not your fault and is not because of anything that
you have or have not done.
Join a support group. Local crisis centers can assist you in locating a support group in your area.
Get emotional support from family and friends. Keep in touch with
friends who are supportive and understanding. Tell someone about each encounter with the harasser. You also can call your local crisis centers for support
24 hours a day, 365 days a year.
You may experience stress and trauma and might want to seek assistance.
You may begin to experience things like rage, terror, suspicion, an inability to trust
anyone, depression, changes in sleeping and/or eating patterns, exhaustion, or
frequent crying spells. You are not going crazy. Your body and mind are reacting
to the stress caused by the harassment. Talking to someone who is trained to work
with victims and survivors may help you deal with the experience.
Useful resources for advocacy and information include the DISABILITY
RIGHTS CENTER at 800-834-1721 or 603-228-0432, the PARENT INFORMATION CENTER at 800-947-7005 or 603-224-7005, and your local
crisis center listed in the Resource Directory of this Handbook.
29
30
CHAPTER 4. HOUSING
v HOUSING DISCRIMINATION
TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 makes it illegal to treat
a person differently in housing based on race, color, national origin, disability,
sex, religion, and familial status (the number and ages of children in a family). New Hampshire’s fair housing law also protects residents against housing
discrimina­tion based on a person’s age, marital status, or sexual orientation.
These laws cover housing owners, landlords, housing managers, real estate
agents and others involved directly or indirectly in the rental or sale of housing or housing lots. Advertising of an available apartment, home or housing
lot; the rental, sale or negotiation for the rental or sale of housing; and the
provisions of home financing or real estate bro­kerage services all are covered
by these anti-discrimination laws.
If you believe you have been a victim of housing discrimination under federal
or state law, you can file a complaint with the NEW HAMPSHIRE COMMISSION FOR HUMAN RIGHTS at 603-271-2767 or with the DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) at 1-800-669-9777. If you
need legal assistance, you can contact NEW HAMPSHIRE LEGAL ASSISTANCE
at 603-668-2900 or 1-800-562-3174, which provides legal services to lowincome residents. If you believe there is a pat­tern or practice of discrimination
that extends beyond you as an individual, con­tact the HOUSING AND CIVIL
ENFORCEMENT SECTION OF HUD at 1-800-669-9777.
v TENANT RIGHTS AND RESPONSIBILITIES
As in any contractual agreement, a housing lease stipulates the rights and
respon­sibilities of the contracting parties – in this case, tenant and landlord. It
is impor­tant to note, however, that no lease can override a specific provision
of New Hampshire law that provides tenant protections.
NOTE: New Hampshire state law provides substantial additional rights
to tenants of manufactured housing, not covered in this handbook.
Rights and Responsibilities Under a Lease
Although a rental agreement can be written or oral, “lease” usually means a
written rental agreement for a specific time, usually one year. As long as you
abide by the lease, you cannot be evicted during that year and your rent cannot
be raised. However, you may be obligated to pay the rent for that entire year
even if you move.
Read the lease carefully before you sign it and ask about anything that you do
not understand. If rent is shared, anyone who signs the lease may have to pay
the total rent, not just his or her portion. If your lease expires and you are not
offered a new one, you then become a month-to-month tenant. Even then, in
most situa­tions, you cannot be evicted without good cause.
31
If you do not have a lease, the landlord can increase the rent but must give you
written notice of increase 30 days before the increase is due to take effect.
Safe and Sanitary Housing
Under New Hampshire law, landlords are required to provide safe, sanitary housing
for tenants. State law also sets forth the minimum standards for rental prop­erty.
The following may be examples where these standards are not being met:
u
u
u
u
u
u
u
u
Bugs, mice or rats, and the landlord is not conducting a routine inspection
and extermination program;
Internal plumbing that does not work, or a back-up of sewage caused by
a faulty septic or sewage system;
Bad wiring, including exposed wires, defective switches, or anything else
that creates a danger of fire;
Leaking roof or walls, plaster falling off walls or ceiling;
Not enough water or the water heater is not working properly;
Leaks in gas lines, dangerous holes, accumulation of garbage
Heating facilities are not properly installed, safely maintained, and in
good working condition, or cannot safely and adequately heat all livable
rooms and bathrooms to average temperature of at least 65 degrees; or
The premises are not kept at a minimum average temperature of 65 degrees in all livable rooms when heat is included in the rent.
Making a Complaint About the Lack of Safe and Sanitary Housing
You should make all complaints and requests for repairs in writing to the landlord and keep signed, dated copies. If the landlord fails to make proper repairs,
report any serious problems to proper authorities, usually the code enforcement
officer or building inspector in your town or city. Report any fire hazards to the
local fire chief. If the town does not address these problems, you can contact
the STATE OFFICE OF HEALTH MANAGEMENT at 603-271-4501 or the
STATE FIRE MARSHAL at 603-271-3294. The landlord cannot evict you for
making these complaints (see below in this chapter, “Retaliatory Eviction”).
Withholding Rent
If you choose to withhold rent, it is best that you consult an attorney before
doing so. Lawfully, you may withhold your rent if ALL the following conditions
are met:
1. You gave your landlord notice (preferably written notice) of the violations
while you were not behind in rent (you will need proof of these violations);
AND
2. The landlord failed to take corrective actions within 14 days of your written
complaint. (In an emergency, you may not have to wait 14 days before you
begin withholding); AND
32
3. Your family or guests did not cause the violation; AND
4. Extreme weather conditions did not prevent the repairs; AND
5. You did not refuse to let the landlord into your apartment to make the
repairs.
If you choose to withhold rent, you must put aside the rent money you have
withheld so that it is available to pay to the court. If the landlord tries to evict
you because of non-payment of rent, and you have satisfied all of the above
conditions, the court can dismiss the eviction.
Other Tenant Protections
New Hampshire law prohibits a landlord from certain acts:
u
Shutting off your utilities;
u Locking you out of your rented premises without a court order;
u Entering your premises without permission, except to make emergency
repairs. (You should not refuse your landlord’s reasonable request to enter
the premises if you are given enough notice); and
u Taking any other action to force you out of your home without going
through the eviction process.
If your landlord has done any of the actions listed above, you can get an order to make your landlord stop, and to award you damages, by filing a 540-A
petition at your local DISTRICT COURT (see RESOURCE DIRECTORY for a
listing of New Hampshire courts). You do not need a lawyer. Ask the clerk to
help you. You also may want to ask for a temporary order if there is an immediate threat of seri­ous harm. The court will schedule a hearing to hear both
sides and then will de­cide if you should get damages and if the order should
be continued.
Security Deposits
Under New Hampshire law, a security deposit is any money that you give to
your landlord other than your monthly rental payment. Even if your landlord
calls the money a deposit for cleaning, pets or keys, or the last month’s rent,
it still is treated under the law as a security deposit. This law protects all tenants EXCEPT:
u
Tenants who rent a single family home from a landlord who does not own
any other rental property;
u Tenants under the age of 60 who live in a building with less than six
apartments and whose landlord lives in the same building; and
u Tenants in business, vacation or recreational rentals.
Even if the law does not cover your tenancy, your landlord still is obligated to
return your deposit after you move out, minus unpaid rent and repair costs. If
your security deposit is not returned, you still may sue your landlord but may
not be entitled to certain penalties provided by New Hampshire law.
33
Your landlord cannot require you to pay a security deposit in an amount that
is greater than one month’s rent or $100.00, whichever amount is larger. FOR
EXAMPLE, ALTHOUGH A COMMON PRACTICE, IT IS ILLEGAL FOR A LANDLORD TO CHARGE FIRST AND LAST MONTH’S RENT IN ADDITION TO A
SECURITY DEPOSIT.
Whenever you pay a security deposit, the landlord is required to give you a
signed receipt, which must tell you in which bank your deposit is held.
You also are entitled to receive interest earned on the money in the savings
ac­count where it was deposited if your landlord holds your deposit for more
than one year.
When you move out, you should notify your landlord in writing of your new
ad­dress as soon as possible, preferably on or before the day you move. Your
landlord has 30 days from the end of the tenancy to return your full deposit with
any interest owed, or return your deposit minus any permitted deductions.
Your landlord is permitted to deduct the following expenses from your security
deposit:
u
Any rent that is still owed;
The cost to repair any damages to the apartment or leased premises caused
by you or your guests (excluding reasonable wear and tear); and
u Your share of increases in real estate taxes (but only if a written agreement requires this).
Your landlord is required to provide you with an itemized list of any expenses
deducted from your deposit and further must provide proof that the repairs, if
any, have been or will be completed.
u
The landlord is not permitted to charge you for “normal wear and tear” to
the premises. Whether or not something is considered to be “normal wear and
tear” or damage depends on the facts. Worn carpeting or linoleum usually will
be con­sidered “normal wear and tear,” while broken glass and holes in walls
will be con­sidered damage.
You have five days to give your landlord a list of defects and damages that were
in the apartment when you moved in. Your list should be dated and a copy should
be kept. Also, it is important to inspect the premises when you move out. You
should make both inspections with a witness and photos should be taken.
You may be able to sue your landlord for damages in small claims court if you
do not get your security deposit within 30 days. Before you file a lawsuit, write to
your landlord requesting the return of your security deposit. Be sure to include
your new address in your letter. Keep a copy of the letter for yourself.
If you decide to sue, call LEGAL ADVICE & REFERRAL CENTER at 1-800639-5290 or 603-224-3333 for more information regarding the legal process or
to request informational brochures on “Tenant Rights” and “Security Deposits.” In
addition, contact NEW HAMPSHIRE LEGAL ASSISTANCE, at 603-668-2900
or 1-800-562-3174, which provides legal services to low-income residents for
housing issues.
34
v THE EVICTION PROCESS
Reasons For Eviction
In most rental situations, your landlord must prove good cause to evict you;
you cannot be evicted without a reason. Lawful reasons to evict must be stated
on the eviction notice. Some specific examples follow.
u
u
u
u
u
u
u
Non-payment of rent;
Substantial damage to the premises;
Violation of the lease;
Behavior of the tenant or guests that adversely affects the health or safety
of other tenants or the landlord;
Failure of the tenant to accept suitable temporary relocation due to the
abatement of lead paint hazards;
Repairs for a lead hazard that will take more than 30 days or will be more
than a temporary measure, or that, after the repairs, the unit will be no
longer rented; and
Other good cause – your landlord must provide written notice and
state a lawful cause.
LEAD PAINT AND YOUR FAMILY’S HEALTH
The presence of lead paint in an apartment may cause the inhabitants,
and especially children, to have high levels of lead in their blood which may
cause serious health problems.
There is no law to require a landlord to inform a tenant of the lead levels
in the paint in an apartment. However, if an individual has a blood test
that shows a high lead level, then the town or city can obtain an abatement
order. This is a court order that requires the landlord to take all necessary
steps to eliminate the tenants’ exposure to lead paint in the apartment.
If you or a member of your household has a blood test that reveals a high
lead level, you should immediately contact your town’s health department
or health officer and let them know of the problem. They can then take
the necessary steps to force the landlord to clean up any lead paint. If you
have questions or concerns about this type of problem, you can also contact
New Hampshire Legal Assistance (see Resource Directory).
Exceptions To Good Cause Eviction
If you live in one of the types of properties set forth below and you do not
have a lease, your landlord does not need good cause to evict you. However,
even if you do live in such a property, the landlord still must go through all the
steps of the eviction process.
u
The rental unit is a single-family house and the owner does not own more
than three single-family houses at one time.
35
u
The rental unit is in an owner-occupied building containing a total of four
units or fewer.
u The rental unit is in a vacation or recreational dwelling, rented during
the off-season for non-recreational purposes.
u The rental unit is a single-family house acquired by a bank or other mortgage
holders through foreclosure.
Retaliatory Evictions
It is unlawful for a landlord to evict you for reporting housing code violations,
filing a fair housing complaint, or organizing a tenant association. Evicting a
tenant when he or she lawfully is withholding rent as described in the tenant
rights section above also is a form of retaliatory eviction and is illegal. In addition, a landlord may not evict you on the basis of race, age, sex, national origin,
sexual orientation, or any other protected category.
The Eviction Process
In order to evict, a landlord must follow the correct procedure and, in most
situations, must prove that there is a good cause to evict. The law requires a
written notice and the opportunity for a court hearing. If a landlord fails to
take the steps required by law, a tenant may request that the court dismiss
the eviction.
In nonpayment evictions, a demand for rent is the first notice you will receive. A demand for rent will tell you how much rent you owe, and cannot ask
for more rent than is actually owed. The demand must be served personally
(given to you in hand) or left at your home prior to or at the same time as the
“eviction notice”.
An eviction notice must be in writing, be served on you personally or at your
door, and state specifically the reason for the eviction. If the reason for the eviction is nonpayment of rent, behavior adversely affecting the health and safety
of other tenants or the landlord, or that you have caused substantial damage
to the premises, the notice must give you at least seven days to leave. In all
other cases, a landlord must give you at least 30 days notice to leave. Further,
the notice must notify you of your right to cure, if the reason is nonpay­ment
of rent. The right to cure means that you can avoid eviction by paying all of
the back rent, plus $15.00, by the date the eviction notice expires. If you pay
on time, you cannot be evicted. It is important to note that you can cure only
three times within a twelve-month period.
After the eviction notice has expired and you have not left, the landlord can
begin a legal action against you. In this case, a sheriff will serve a writ, either
on you personally or at your home. Read the writ carefully. It will indicate a
return date. If you want a hearing to challenge the eviction or to ask for more
time, you must file an appearance with the court and ask for a hearing before
the return date.
36
NOTE: the return date stated by the court is not a hearing date. There
will not be a hearing unless you request one from the court.
You can obtain an appearance form at the DISTRICT COURT from the clerk
(see RESOURCE DIRECTORY for a listing of New Hampshire courts). Fill it
out and leave it with the clerk. You also will need to send a copy of the form
to the landlord or the landlord’s attorney. After you file your appearance form,
you will receive a notice letting you know the date of the hearing. If you do
not file an appearance form, you will lose your eviction case and the court can
issue a writ of possession against you three days later, which authorizes your
landlord to take back possession of the property. (See more information about
a writ of possession further in this chapter).
You can send discovery requests to your landlord or the landlord’s attorney
within five days following the return date on the writ. During the discovery
process, you can find out what evidence your landlord plans to use against
you so that you can prepare for the hearing. You have the right to send written
interroga­tories or questions about the specifics of the case. Your landlord has
14 days to respond, so you will need to ask the court in writing to postpone the
hearing to give your landlord time to reply. If your landlord does not respond
within 14 days, you can inform the court and ask for another postponement
of the hearing to give you time to get the information.
At the hearing, the court has the power to decide who should have possession
of the property and how much money is owed between you and the landlord.
If the landlord has requested money damages on the writ, the hearing may
result in a financial judgment that can be enforced against you if it is not paid.
There­fore, if you disagree with the amount the landlord claims you owe, you
should go to the hearing, even if you have already moved.
To win the right to stay in the rental property, you must convince the court:
u
That the landlord does not have good cause to evict you (see Reasons for
Eviction on previous page)
u In the case of non-payment of rent, that you do not owe the money or
that the landlord owes you more money than you owe the landlord; or
u That the landlord did not take the proper legal steps to evict you.
For information on the hearing and the defenses that you can raise, call LEGAL
ADVICE & REFERRAL CENTER at 1-800-639-5290 or 603-224-3333 for advice or to request the informational brochure, “The Eviction Process.” In addition,
NEW HAMPSHIRE LEGAL ASSISTANCE provides legal services to low-income
residents and can be reached at 603-668-2900 or 1-800-562-3174.
In the event that you lose at the hearing, you should ask the court to grant a
discretionary stay at the end of your hearing. The court has the discretion to
grant a stay of up to three months, during which time the writ of possession
is stayed, or delayed, by the court. You must pay weekly rent during this time.
Failure to make a timely payment may result in the landlord going back to the
court asking for a writ of possession.
37
The judge uses a variety of factors to decide whether or not to grant a stay,
including:
u
The difficulty you will have in moving;
u Whether your children will have to change schools;
u Your ability to pay rent during the stay;
u Whether you have a definite date for moving; and
u Whether a delay will hurt the landlord.
At the end of the stay period, the court will issue a writ of possession if you
have not yet moved.
A writ of possession authorizes your landlord to take back possession of the
property. This is the final step in the eviction process. You may receive a warning
from the sheriff, and a few days later the sheriff will return to remove you from
the property. It is best to remove your personal property before that happens.
However, your landlord is obligated to take care of your personal property for
28 days after you vacate the premises and cannot charge you pay­ment for any
rent or storage fees.
NOTE: Until the writ of possession is served on you or at your home, it
is unlawful for your landlord to force you to leave the property. If your
landlord unlawfully attempts to make you leave the property without
using the eviction process, you can go to the District Court, ask for a
540-A petition, and request the court to order your landlord to stop.
(See Resource Directory for a list of the NH District Courts).
The Appeal Process
You can appeal your case to the New Hampshire Supreme Court IF AND ONLY
IF you file a notice of intent to appeal with the District Court within seven
days of the court’s decision. If the eviction is based on non-payment of rent, you
must pay one week’s rent into the court at the time you file your notice of intent
to appeal, and you must pay your rent weekly into the court thereafter.
For more information on appealing your case, contact LEGAL ADVICE AND
REFERRAL CENTER at 1-800-639-5290 or 603-224-3333. In addition, NEW
HAMPSHIRE LEGAL ASSISTANCE, provides legal ser­vices to low-income
residents and can be reached at 603-668-2900 or 1-800-562-3174.
38
CHAPTER 5. DOMESTIC VIOLENCE, SEXUAL ASSAULT
AND STALKING
Anyone can be a victim of violence –women, men, teenagers, children, people
with disabilities, and the elderly, regard­less of race, national origin, sexual orientation or economic status. If you are an immigrant or a refugee, you too have
legal rights to protect you from abuse.
It is against the law for someone to threaten or assault you, even if that person
is your spouse, partner, someone you are dating, or someone you once dated.
This includes acts or attempted acts of:
u Assault or reckless conduct;
u Criminal threatening;
u Sexual assault;
u Interference with freedom or kidnapping;
u Destruction of property;
u Unauthorized entry;
u Harassment; and
u Stalking.
If you are in danger now, stop reading and call for help.
POLICE: 9-1-1
NH DOMESTIC VIOLENCE HOTLINE: 1-866-644-3574
NH SEXUAL ASSAULT HOTLINE: 1-800-277-5570
TTD/VOICE: 1-800-735-2964
Request an interpreter or other accommodation if necessary.
Are You In A Medical Emergency?
Call 9-1-1 immediately, or go to the nearest hospital. The emergency room
in any public hospital must give you emergency medical care, even if you are
an undocu­mented immigrant or do not have insurance. Inform hospital staff
if you need special accommodations, such as an interpreter, sign language, or
print materi­als in an accessible format.
NOTE: Sexual and physical abuse of children under 18 is considered child
abuse. Anyone suspecting or knowing of such abuse is required by law to
report it to the Division of Children, Youth and Families (In New Hampshire at 1- 800-894-5533; Outside New Hampshire at 1-603-271-6562.
If you need to report an incident before 8am or after 4:30 pm on a week
day, or any time on a weekend, call your local police.
39
NOTE: Anyone suspecting sexual and/or physical abuse, neglect or
exploitation of an Elder or Incapacitated Adult over the age of 18 is
required by law to report it the Bureau of Elderly and Adult Services at
1-800-949-0470 or 1-603-271-7014. If you need to report an incident
before 8am or after 4:30pm, or anytime on the weekend, call your local
police.
v DOMESTIC VIOLENCE
If you find yourself in a relationship in which you are being hurt or intimidated,
or where there is a threat of harm to you, you may be a victim of domestic vio­
lence. Domestic violence includes physical, sexual, verbal, or emotional abuse
between partners, including current or former sexual, intimate, or dating partners.
It occurs in families from all backgrounds and happens to individuals regardless
of education, economic status, race, religion, national origin, physical or mental
ability, gender, or sexual orientation. The law protects people of all ages, including
minors. Additionally, the law protects you regardless of your immigrant status.
Abuse or battering is a pattern of coercive behavior used by one person to control
another person’s actions and feelings. Below is a Power And Control Checklist,
adapted from the Domestic Abuse Intervention Project 1-218-722-2781, http://
www.thedvlvthmodelR3. It illustrates methods batterers may use to exert power
over you. You may find this useful in evaluating your own situation.
Emotional Abuse
a. Telling your family or friends lies about you
b. Belittling, embarrassing, or humiliating you in front of family and friends
c. Making you feel bad about yourself
d. Calling you racist, sexist or other demeaning names
e. Playing mind games or making you think you’re crazy
f. Making you feel guilty
g. Accusing you of trying to attract, flirt or sleep with other people
Economic Abuse
a. Preventing you from getting or keeping a job
b. Forcing you to work “under the table” when you don’t have a work permit
or threatening to report you if you do work “under the table”
c. Preventing you from getting job training or schooling
d. Forcing you to sign papers that you do not understand, or written in a lan­
guage that you do not understand, or printed in a format that is inacces­sible
to you, including IRS forms, court papers, and immigration papers
e. Making you ask for money or taking your money
f. Not letting you know about, or not letting you have access to family
income
40
Intimidation
a. Making you afraid by using looks, actions, gestures
b. Destroying property, including items with special meaning to you
c. Abusing pets
d. Displaying weapons
e. Hiding or destroying important papers, including health care cards, or
your driver’s license, passport, or green card
Coercion and Threats
a. Making or carrying out threats to do something to hurt you, your children,
your friends, or family members
b. Threatening to harm or harass your employer or co-workers
c. Threatening to leave you or to commit suicide if you leave
d. Threatening to report you to welfare or to the INS
e. Threatening to withdraw immigration papers
f. Threatening to take the children away or out of the country
Isolation
a. Controlling what you do, who you see, what you read, where you go
b. Limiting your involvement outside the home
c. Not allowing you to learn English or keeping you from friends or family
who speak your language
d. Using jealousy to justify actions
Minimizing, Denying & Blaming
a. Making light of abuse and not taking your concerns about it seriously
b. Saying the abuse didn’t happen
c. Shifting responsibility for the abusive behavior
d. Saying you caused it
You can discuss your situation with a trained professional. Call the New
Hampshire Domestic Violence Hotline 24 hours a day, 365 days a year
at 1-866-644-3574 (TDD/VOICE 1-800-735-2964). The call is free and
translation is available. The hotline will connect you to one of 14 crisis
centers throughout the state established to provide services to victims and
survivors of domestic violence and their children. Information you share
with a crisis center advocate shall remain strictly confidential, unless
you give written permis­s ion for its release. This means you can disclose
information about your situ­ation and receive help and support without any
part of the conversation being revealed to the government, your abuser or
another third party.
41
Getting Help For Domestic Violence
What Can the Police Do?
The police can provide you with immediate intervention and protection. Call
9-1-1 for help. Make sure to state your name and address clearly, and indicate
that you want to report an assault. Inform the operator if you need special ac­
commodations, such as English-language translation.
When law enforcement arrives, it is their job to make sure that you and your
children are safe. They should physically separate you and your abuser to find
out what happened. If needed, you may ask for help such as an English language
or sign language interpreter so that you can understand the police officer and
the police officer can understand you. Do not rely on your abuser to interpret
for you. If the police ask about your immigration status or where you were born,
you do not legally have to answer.
If you were assaulted within the past 12 hours, the police must arrest the
abuser unless there is a good reason not to. If it has been longer than 12 hours
since the abusive incident, the police must get a warrant to make an arrest.
A police officer can make an arrest even if you do not want them to. Although
this may seem frightening, the police are there to protect you and your children,
and it is in your best interest to cooperate.
There are other things law enforcement can do to help make you safe. If you
left home because of the violence, they can go with you to your home to pick
up clothing, toiletries and important papers. They can also transport you to a
safe place such as a shelter or safe house, a friend’s house, the police station,
or the hospital. The police will assist you to contact a local crisis center for
further help.
What is a Domestic Violence Shelter?
A shelter is a safe home where you and your children can live for a time if you
are trying to leave an abusive relationship. The physical address of most of the
Domestic Violence Shelters is kept strictly confidential for your safety. Please
see further information on “open shelters” listed in the note that follows.
Note: There are two shelters in New Hampshire that are considered
“open shelters” – New Beginnings located in Laconia and The Support
Center at Burch House located in Littleton. An “open shelter” means
that while the services provided are strictly confidential, the physical
location of the shelter is not. The community is aware of the physical
location of the shelter. If you feel that you are in danger or are being
stalked, speak with an advocate about going to the safest location.
You can receive these services even if you are an undocumented immigrant.
If you do not understand or speak English, ask a staff person at the shelter if
they have an interpreter. You may also request other help, such as finding a
sign language interpreter and helpful print materials.
42
You can find the shelter nearest to you by calling the statewide Domestic
Violence Hotline (1-866-644-3574; TDD/VOICE 1-800-735-2964). The
call is free and interpretation in many languages is available. A list of local crisis
centers also can be found in the Resource Directory of this Handbook. The
services provided at crisis centers are free and available to all people regardless
of race, gender, sexual orientation, national origin, religious or political beliefs,
mental or physi­cal ability, 365 days a year. Services include:
u
Twenty-four hour crisis lines
u Emergency shelters
u Transportation to emergency shelters
u Court advocacy in getting protective orders against abusers
u Hospital and court accompaniment for support
u Information and help in getting public assistance
A state law makes getting help safer for you and states that information shared
between a victim of a sexual assault or domestic abuse and a crisis center
advocate shall remain confidential. This information is never given out, un­
less the crisis center has received written permission from you. This means you
can disclose information about your situation and receive help and support
without any of the conversation being revealed to the government, your abuser,
or another third party. However, crisis center advocates are required to report
suspected or known incidences of child abuse to authorities.
NOTE: Some advocates work for the hospital or police department. Information you share with them is not confidential. Be sure to ask if the
advocate is covered under confidentiality rules.
If You Are in Danger and Leave Home
If you are in danger you may consider leaving your home and going to a friend’s
house or a domes­tic violence shelter. If you stay with a friend or a family member, it is important to keep your location secret if possible. If you go to a shelter
discuss with the shelter advocate your need for the safest location.
See information about the Address Confidentiality Program at the end
of this chapter.
If you leave your home, you should make every effort to take your children
with you. If you have time you also should consider bringing any identification
documents that you have, such as:
u Driver’s
u
u
u
u
u
license;
State identification;
Passports;
Green cards;
Visas for yourself and your children;
Immigration papers and correspondence;
43
u
Copy of any documents that establish your residence with your spouse;
u Copy of any documents that establish you live in the United States;
u Any police, doctor and other records of the abuse;
u Birth certificates;
u Documents from any public assistance programs;
u Rental agreements;
u Checkbooks;
u Credit cards;
u Paycheck stubs;
u Marriage license;
u Family pictures; and
u Copies of tax returns for yourself and your partner
It also may be helpful to bring information with you regarding your partner. Make a copy of your partner’s driver’s license, alien card or certificate of
naturaliza­tion, or copy the information on a piece of paper.
The Personalized Safety Plan
Whether or not you are ready to leave your partner, it is a good idea to work
out a personalized safety plan before you are in the position of having to quickly
flee from danger. The safety plan contains suggested tips for increasing your
safety while you are in an abusive relationship. You should keep your safety plan
in a secure place, along with the identification documents listed above.
A representative from your local crisis center can help you to fill out the
plan. Call the statewide Domestic Violence Hotline at 866-644-3574 (TDD/
VOICE 800-735-2964) or see the Resource Directory of this Handbook to
locate the crisis center nearest to you.
44
Personalized Safety Plan
(You may want to tear these pages out to use them.)
(Please note: Internet & Computer Safety Reminders page 49)
I can get help:
I can tell
&
about
the violence and request they call the police if they hear noises coming from
my house.
I can teach my children how to contact the police. I will make sure they know
our address & telephone number.
I can teach my children how to go to
(e.g., neighbor,
business, etc.) for help if it is not possible to use the telephone.
If I have a programmable phone, I can program emergency numbers and teach
my children how to use the autodial.
I can use my judgment:
When I expect my partner and I are going to argue, I will try to move to a space
that is lowest risk, such as
.
(Try to avoid arguments in the bathroom, garage, and kitchen, near weapons
or in rooms without an outside exit.)
I can also teach some of these strategies to some/all of my children, as appropriate.
At work and in public:
My workplace security office number is
.
When traveling to and from work, I can vary my route. If there’s trouble, I can
.
I can tell
&
that I am
no longer living with my partner and ask them to call the police if they believe
that I am in danger.
I can leave:
If I decide to leave, I will
(Practice how to get out safely.)
.
I can keep my purse and car keys ready and put them
to leave quickly.
I will leave money and an extra set of keys with
so I can leave quickly.
I will keep copies of important documents or keys at
If I have to leave my home, I will go to
(List at least three places.)
45
.
.
Planning to leave:
I can leave extra clothes with
.
I will keep important numbers, change for phone calls and a calling card with
me at all times. Since my partner can learn whom I’ve been talking to by looking
at phone bills, I can see if friends will let me use their phones.
I can leave my pets with
.
I will check with
&
to see who would be able to let me stay with them or lend me some money.
I can increase my independence by opening a bank account and getting credit
cards in my own name; taking classes or getting job skills; getting copies of
all the important papers and documents I might need and keeping them with
.
Other things I can do to increase my independence include:
I can rehearse my escape plan and, if appropriate, practice it with my children.
With an order of protection:
I will keep my order of protection
(Always keep it on or near your person.)
.
I will always give copies of my order of protection to police departments in the
communities where I visit friends and family.
I will give copies to my employer, my closest friend, my children’s school, day
care center, &
.
If my partner destroys my order of protection or if I lose it, I can get another
copy from
.
(The court that issued it)
If my partner violates the order, I can call the police and report a Violation, contact my attorney, call my advocate, and/or advise the court of the violation.
I can call a domestic violence program if I have questions about how to enforce
a court order or if I have problems getting it enforced.
My emotional health:
If I am feeling down, lonely, or confused I can call
or the domestic violence hotline 1-866-644-3574.
I can take care of my physical health needs by getting a checkup with my doctor,
gynecologist and dentist. If I don’t have a doctor, I will call the local clinic or
to get one.
If I have concerns about my children’s health and well-being I can call
.
46
If I have left my partner and am considering returning, I will call
or spend time with
before I make a decision.
I can attend support groups, workshops, or classes at the local domestic violence
program or
in order to build a support system,
learn skills or get information.
I will look at how and when I drink alcohol or use other drugs.
If I need help around my drinking or drug use, I can call
.
I can read one or more of the books that were written for battered women.
I will remind myself daily of my best qualities. They are:
.
Other things I can do to feel stronger are:
.
Important Telephone Numbers:
Police Department (home)
Police Department (school)
Police Department (work)
Crisis Service – Domestic Violence: 1-866-644-3574 or Sexual Assault: 1-800277-5570
Work Number
Supervisor’s Home Number
Other
I will keep this document in a safe place and out of reach of my potential
attacker.
See Internet & Computer Safety on next page.
47
INTERNET & COMPUTER SAFETY
u
Computers create records in hundreds of ways of everything you do
on the computer and on the Internet.
u
If you are in danger, please try to use a safer computer where someone
abusive does not have direct access, or even remote (hacking) access. Email
is not a safe or confidential way to talk to someone about the danger of
abuse in your life; please use the domestic violence hotline instead.
u
It might be safer to use a computer in a public library, at a community technology center (CTC) www.ctcnet.org (national directory), at
a trusted friend’s house, or at an Internet Café.
u
If you think your activities are being monitored, you are probably right.
Abusive people are often controlling and want to know your every move.
You don’t need to be a computer programmer or have special skills to
monitor someone’s computer activities – anyone can do it and there
are many ways to monitor.
u
Computers can provide a lot of information about what you look at on
the Internet, the emails you send, and other activities. It is not possible
to delete or clear all computer “footprints”.
u
If you think you may be monitored on your home computer, you might
consider no home Internet use or “safer” Internet surfing. Example: If
you are planning to flee to California, don’t look at classified ads for
jobs and apartments, or bus tickets for California on a home computer
or any computer an abuser has physical or remote access to. Use a safer
computer to research an escape plan.
48
Taking Care Of Yourself
u
Know that you have done nothing to provoke or cause the abuse.
What is happening to you is not your fault and is not because of anything
that you have or have not done. The abuser alone is responsible for the
abusive behavior.
u
Join a support group. Local crisis centers are great resources and can
assist you in locating a group in your area.
u
Develop a support system. Consider keeping in touch with friends who
are support­ive and understanding. Tell someone about each episode of
abuse. And remember, you can call your local crisis center for support 24
hours a day, 365 days a year.
u
You may experience stress and trauma and might want to seek
assistance. You may begin to experience some things like rage, terror,
sus­picion, an inability to trust anyone, depression, changes in sleeping
or eat­i ng patterns, exhaustion, or frequent crying spells. Your body
and mind may be reacting to the stress caused by the abuse. Talking
to someone who is trained to work with victims or survivors may help
reduce or stop some of the symptoms that are interfering in other
parts of your life. Your local crisis center has a list of people skilled
in this work.
Legal Help For Domestic Violence
There are both civil and criminal options available to you to protect yourself
from abuse.
If you call the police for assistance, they are expected to make an arrest unless
there is good reason not to. Once the abuse has been reported to the police,
it becomes a crime against the state, and the decision of whether the case
goes forward is up to the police and the prosecutor. It is not your choice. You
may be asked to testify as a witness. You do not need to be alone during this
process. Call your local crisis center for support. (See below, “Criminal Cases”,
for more in­formation).
If the police do not make an immediate arrest, you may file a complaint your­
self. To help yourself through the court process, consider writing down details
of the assault, such as:
1. Date and time of the attack, what happened, where it happened, and what
your injuries were;
2. Police involvement, when they were called and what they did;
3. Property damage; and
4. Names and addresses of witnesses. Save evidence such as torn clothing,
and take pictures of your injuries.
49
To file a complaint, go to the police station serving the city or town where the
assault took place. Once the complaint is filled out a summons may be served
on the abuser to appear in court or a warrant may be issued for an arrest.
NOTE: Even if arrested, there is a good chance that the abuser will not
stay in jail. The abuser may be released on bail on the condition that
he or she returns to court for the hearing, or, in many cases, on his or
her written promise to return to court for the hearing.
Domestic Violence Protective Orders
Whether or not an arrest is made, you can file for a protective order from
the court. A domestic violence protective order under RSA 173-B is available if
you have been subject to actual or threatened physical violence or other forms
of abuse by a family or household member or someone with whom you are
a current or former intimate partner. There is no cost for this type of order.
When you file a petition for a domestic violence protective order, you will be
the plaintiff, and the abuser will be considered the defendant.
You do not need to be an adult or be with an adult to file for a domestic violence protective order. The following list includes minors as well as adults who
are able to file a petition:
u
Spouses or ex-spouses;
u
Family members;
u
Persons who live or have lived together; and
u
Persons who are dating or have dated, including minors.
You do not need to be a citizen or legal permanent resident to get a domestic violence protective order. If you are uncomfortable about filing a petition
be­cause you are undocumented or unsure about your immigration status,
you should seek the assistance of an immigration attorney before filing any
document. For immigration advice, call the International Institute Of New
Hampshire at 1-603-647-1500 (See Resource Directory). Until then, you
should do what you need to do to make yourself safe.
If you are in fear of immediate danger during a period of time when the courts
are closed, you should seek the help of the police for an emergency protective
order, sometimes referred to as a telephonic order. The police will fill out the
necessary paperwork and contact a judge by telephone. If the judge issues the
emergency protective order and the plaintiff wants to remain protected under
a court order, the plaintiff then must go to the court before 4:00 PM on the
next business day to file a petition for a domestic violence protective order. For
example, if you receive an emergency order on Friday night, you must appear
in court by 4:00 PM on Monday.
50
What Can Domestic Violence Protective Orders Do?
Through a domestic violence protective order from the court, you can request
certain help. You will need to show the court immediate and present dan­ger
of abuse. Obtaining a domestic violence protective order is a two-step pro­cess,
which begins with a temporary domestic violence protective order, which
is good for 30 days or until the time of your hearing. If you file a Temporary
Order, you may ask the court to:
1. Order the defendant to stop abusing, threatening, harassing, or intimidating you or your household members, other relatives or friends;
2. Restrain the defendant from entering or attempting to contact you at the
place you live, work, or attend school;
3. Restrain the defendant from taking or damaging your property;
4. Order the defendant to turn over any and all weapons he or she may
have to a police officer (You should list the number, locations and kinds
of weapons the defendant has); and
5. Award you temporary decision-making and/or residential responsibility
of the minor children that you and the de­fendant have together. In most
cases, the defendant will still have visitation rights with the children.
The court may refer you to a supervised visitation center, especially
in an unsafe situation. See Resource Directory on page 134 for a list
of statewide visitation centers.
On the petition for a temporary domestic violence protective order, you also can request additional orders to be granted at the time of final hearing. These include:
1. Directing the defendant to pay child support if applicable;
2. Directing the defendant to follow a court approved visitation plan;
3. Giving you use of the home, furniture or car. (If the property is in the
defendant’s name only and you do not have children together, and you
are not married, you most likely will not receive this);
4. Ordering the defendant to pay for costs caused by the most recent incident
of abuse, such as medical fees, loss of wages, moving expenses, emergency
shelter, damaged property, and attorney fees;
5. Ordering the defendant to attend personal counseling, a parenting class
or a batterer’s intervention program;
6. Other relief, including ordering the defendant to turn over any documents, such as those related to your immigration status, passports of the
children, and health insurance information. You also may request under
“Other” ordering the defendant to make automobile, insurance, health
care, utilities, rent, or mort­gage payments.
It is important to note that the judge will consider requests for the final
hearing if and only if you check off the box on the original petition. You will
not have the opportunity to make requests for additional orders at the final
hearing, so be sure to check off each box on the petition that you think may
51
be needed for your pro­tection. For example, if your partner has threatened to
take the children away or out of the country if you report abuse, be sure to
consider requesting decision-making and/or residential responsibility (custody)
and child support on the petition.
Where Do I Go for a Protective Order?
You apply for a domestic violence protective order in the Family Court serving
the city or town where you live, the city or town where your abuser lives, or
the city or town where you went for safety. If you do not have a Family Court
in any of those towns or cities you may go to the Superior Court. There is no
cost for filing the domestic violence protective order or for serving the papers
on your abuser. You do not need an attorney, but if you have access to one you
should consider contacting them. The RESOURCE DIRECTORY at the end of
this Hand­book has a listing of New Hampshire courts.
Your local crisis center may be able to provide you with an advocate during this
process. While the advocate cannot serve as a legal representative or attorney,
the advocate will be able to offer you support and answer any questions you
have about the procedure. Crisis centers will provide services regardless of your
immigration status.
Filing The Petition
Before you file a petition please be aware that your abuser will be given a copy
of what you write in your petition when he or she is served with the paperwork.
However, your contact information will not be given to the abuser.
u
At the courthouse, go to the clerk’s window and request a Domestic
Violence Petition. The Domestic Violence Petition is an application that
will be reviewed by a judge. After you file your paper work with the clerk,
the judge or marital master will decide whether there is enough information to show that you are in immediate and present danger of abuse as
de­fined by New Hampshire law.
u
The petition requests information about your relationship with
your partner (married, living together, etc.), any children you may have
together or on your own, and where you live. Check the boxes or fill in
the lines that apply to you.
u
On the application, describe in detail the most recent incident of
physical abuse, or threat of physical abuse, and also any history of abuse
that may have occurred in this relationship. In describing the abuse, make
sure to mention injuries, dates of abuse, hospital visits, threats to harm
or kill you, the use of weapons or threats to use weapons, or whatever
you feel best describes your fear and the need for protection. If there have
been other acts of violence, be sure to provide dates, times and as much detail
as possible of the other abuse. If you run out of space on the lines provided,
ask the clerk for additional paper.
52
u
If the defendant has access to weapons, consider providing the court
with in­formation about the location and description of the weapons. Let
the clerk know where the defendant is. If the defendant is on the way to
the court­house, court security will need to be notified. If the defendant
is living in another location, that address should be provided to the clerk
if available.
u
The court will ask you to fill out a defendant information sheet
that will be given to law enforcement so they can serve the order on the
de­fendant. Provide the police with the defendant’s place of employment,
date of birth, and address where he or she can be located.
u
At the bottom of the petition is a series of boxes. The statements
next to these boxes are requests to court for specific orders. The first
set of boxes applies to requests to be included in the temporary domestic violence protective order. The second set of boxes applies to
requests for additional orders to be granted at the final hearing. See
the section above, “What Can Domestic Violence Protective Orders
Do?” for more information about the specific orders you can request
on the petition.
You will need to sign the Domestic Violence Petition in front of the court clerk.
A judge will then review the petition. The process is called ex parte, which
means you are seeking immediate, emergency relief without the defendant
being present. After receiving your petition, the judge may or may not want
to see you to ask further questions. If the petition is granted, you will receive
a temporary order.
The clerk will assign you a court date for the final order and will provide you
with a certified copy of the temporary protective order. These papers should be
kept on your person at all times. If you feel comfortable you may consider making
copies of the orders for your employer, children’s school or childcare provider.
Before leaving the court, be sure the clerk has your current contact in­formation.
The court will keep this information confidential.
Immediately upon issuing the temporary domestic violence protective order,
the clerk will fax forms to the police department responsible for serving the
order on the defendant: a copy of the temporary order for the defendant, a
completed Defendant’s Information Sheet (on which you describe the defendant
so the po­lice know who to look for), and a Return of Service Form (which the
police return to the court to inform them that the defendant has indeed received
a copy of the temporary order). The clerk also must notify the State Registry
and Gun Line. Under no circumstances should you bring the paperwork
to the defendant.
According to the law, the domestic violence protective order goes into effect as
soon as it is signed. Be aware that most police departments will not act upon a
complaint of violation until the defendant has been served; how­ever, the police
53
still should be notified of any violations. For this reason, the court is very careful
to get the paperwork to the police right away. You can call the po­lice to find out
when and if the order has been served to the defendant. You may also consider
contacting the police to tell them about your situation so they will have as much
information as possible to help keep you and your children safe.
NOTE: It is important to keep in mind that a domestic violence protective order is a piece of paper. There is no guarantee that your abusive
partner will comply with the order, although many abusers do so in
order to avoid further court action. Even if you have a domestic violence
protective order, you still must take the steps necessary to keep you
and your children safe.
Upon being served the domestic violence protective order, the defendant has
the right to request an immediate hearing instead of the hearing that was
scheduled within 30 days. The hearing will be held three to five business days
after a written request from the defendant is received by the clerk. You may
check with the court clerk to verify whether or not the defendant has requested
an immediate hearing. Remember to be sure the court always has your most
current contact information, and to update them if that information changes.
The court will keep this information confidential. If at any point before your
final hearing you would like to add additional information to your petition,
you may go back to the court and ask for a motion to amend your petition. It
is important to do this because the judge will only let you speak about what
you wrote in your petition at the time of the final hearing. Remember, a copy
of your motion will be given to the defendant, so it is important that you do
not write down any confidential information.
Preparing For The Final Hearing
It is critical that you prepare for the final hearing. At the final hearing both
you and the defendant will be asked to state your positions to the judge. You
must provide the court with evidence that you are in immediate and present
danger of abuse and have been a victim of domestic violence as defined by New
Hampshire law. You should be as specific and as detailed as possible regarding
incidents of abuse.
In preparing for your final hearing collect all the evidence you can to support
your case. Get copies of medical records, medical bills, police documents, pho­
tographs of damages or injuries, receipts, partner’s pay-stubs, etc. Also, gather
all forms of contact the defendant has had with you (such as printed e-mail
mes­sages, letters, cards, answering machine messages) that refer to the violence
or that threaten you. Bring copies for the court and keep a set for yourself. You
may consider asking wit­nesses to attend the hearing.
You cannot be forced to have contact with the defendant before, during, or
af­ter the hearing. If the defendant or the defendant’s attorney attempts to
commu­nicate with you before the hearing you should call the police. If you are
54
in the court house and the defendant or his/her attorney tries to talk to you,
tell the court security officer. You cannot be forced to settle the case or to sign
anything without the court’s involvement, or to talk to the defendant or his/
her attorney or private investigator.
LEGAL SERVICES
If the defendant has an attorney, or if you have issues around the custody
of your children or possessions, or if you have any other pending legal
issues, YOU SHOULD SEEK THE HELP OF AN ATTORNEY. See the
RESOURCE DIRECTORY at the end of this Handbook for information
on legal services in New Hampshire. If you cannot afford a lawyer, you
may be eligible for help through the agencies below.
LEGAL ADVICE & REFERRAL CENTER (LARC) (1-800-639-5290
or 1-603-224-6934) provides legal services to low-income residents
in New Hampshire, with a concentration on family law.
u DOVE PROJECT (1-800-639-3574) provides free legal representation for qualifying survivors of domestic violence at final restraining
hearings. The DOVE Project MUST be accessed through your local
crisis center. There are financial guidelines that determine whether
or not you are eligible, and you will be asked to answer questions
about your finances.
u Domestic Violence Advocacy Project (DVAP) (1-800-562-3174),
operated through New Hampshire Legal Assistance, provides legal
services for low income survivors of domestic violence, focusing on
cases involving custody of children.
u International Institute of New Hampshire at 1-603-647-1500
offers immigration attorneys if you are uncomfortable about attending the final hearing because you are undocumented or unsure
about your immigration status.
u
What follows is what you can expect at the hearing itself and what you will
need to do to be adequately prepared:
Submit your evidence. When your case is called, follow the instructions
of the bailiff. The judge or other court personnel will swear you in. Hand
any documents, pictures, etc., to the bailiff to bring to the judge or marital
master. The court will give the defendant copies of your evidence.
u Describe the incident. First, explain the most recent incident of abuse,
and then describe past abuse. While it may be painful, it is necessary to
pro­vide detailed accounts for each incident. It may be helpful to describe
the abuse in the order that it happened. You can read from your original
u
55
u
u
u
u
petition or a statement that you wrote before the hearing. A judge may ask
that you discuss only the statements you made on the original petition.
You must do this while pro­viding as much detail as possible of the abuse.
Tell the court about any costs that you have incurred as a result
of the abuse. Show medical bills, estimates to repair damages, lost time
at work, etc.
Submit a Parenting Plan, a financial affidavit and a Uniform Support Order. If you have children, you will need to consider child support,
parental responsibility, and residential responsibility (where your children
will live). To get child support, you must complete a financial affidavit
and the top por­tion of a Uniform Support Order. Request these forms
from the court clerk prior to the final hearing. Present your completed
forms at the time of the final hearing.
Make recommendations for reasonable visitation. Think about visitation times for the abusive partner and the children:
— how often, where, supervised or unsupervised? A number of supervised visitation centers are located throughout the state, and are
described in CHAPTER 6 of this Handbook and listed in the Resource
Directory on page 134.
Outline your basic needs. Do you want or need the home, furnishings or
a vehicle? Make a list of any basic needs with costs, such as food, shel­ter,
transportation, job expenses, and childcare. Based on the evidence presented
during the final hearing the judge will make a decision as to whether or
not to grant a final order. If the order is granted, it will last for one year
from the date it is signed. If it is denied, the tempo­rary order is no longer
in effect. Sometimes, a judge will notify parties of deci­sions by mail; in these
cases, the temporary order remains in effect until notification is received.
If The Final Order Is Not Granted
If the final order is not granted, there are other options to keep you and your
children safe. A domestic violence protective order is only one of the many tools
available to you if you are in a domestic violence situation.
u
Contact your local domestic violence crisis center. The crisis center is
available to you 24 hours a day, seven days a week and can help you make
plans to maximize your safety. Services are free and available regardless
of your immigration status or age.
u Complete the safety plan included earlier in this chapter. If you are unsure
of the services available to you, contact your local domestic violence cri­sis
center to assist you with your options.
u If the abuse continues and you are in fear for your safety, call 9-1-1. Record the details of all abusive incidents. Include what happened, where
you were, the date and time of the incident, and how you were feeling.
Talk with a domestic violence advocate and discuss the information.
56
u
If your final order is denied, and the abuse continues, you always have
the option of applying for a new temporary domestic violence protective
order. There is no limit as to the number of times you can apply for a
domestic violence protective order.
If The Final Order Is Granted
If a final order is granted, you will receive your copy at the final hearing or
you will be notified by mail.
When you receive your final order consider making several copies. You should
keep a copy with you at all times. If you have been awarded decision-making
and/or parental responsibility for your children, you may consider providing
a copy of the final order to your children’s school principal, teachers, or day
care provider.
If your partner has ever threatened to take your children away or out of the
coun­try, and you have been granted decision-making and/or residential responsibility of the children as part of the domestic violence protective order, the
defendant is prohibited from removing the children without your knowledge.
If your children are U.S. citizens, you should send a copy of the final protective
order to the U.S. Department of State (See Resource Directory) to prevent
issuance of passports and visas for the children.
If you have been given use of the house, the defendant will need to get personal belongings from the home. The defendant may not come to your home
to get these items unless accompanied by a police officer and with reasonable
notice to you. You are obligated to not damage, sell or dispose of these items
in any way.
NOTE: If the final order is granted, the court must take away any firearms, ammunition, or deadly weapons in the defendant’s possession.
Changing the Final Order
If your situation changes, or you feel a change to your protective order is nec­
essary, you have the right to request an amendment of your protective order at
any time, even after the final order has been granted. Only a court can amend
the order. You must make your request in writing to the court that issued the
order. A copy of your request will be sent to the defendant. He or she will have
ten days to object to the changes. If the court receives an objection from the
defendant, a hearing will be scheduled to discuss the request and the objection. If the defendant does not object to your requested changes, the court will
schedule a hearing to discuss the changes or will grant them without a hearing.
The order is then issued against the defendant.
Note: Protective Orders are designed to protect the victim from the
defendant. The prohibited actions on the order only apply to the defendant and NOT to the victim. It is not possible for you to be in viola-
57
tion of the order and under no circumstances should a police officer
threaten to or arrest you (the victim) for violating a protective order.
Temporary reconciliation does not revoke the order. If you choose to
initiate contact with the defendant you must contact the court to amend
the protective order.
Extending the Final Order
It is very important that you are aware of the order’s expiration date. Your
final order is effective for one year, but it may be extended by a court order if
there is good cause. To do this, you should ask the court for an extension at
least one month before the original order expires. If you ask the court to extend
your final domestic violence protective order after it has expired, you will have
to file a motion to re-open the order. While you will not need new facts to reopen the order, the motion may or may not be granted.
In either case, your request must be done in writing. A copy of your written
request will be sent to the defendant. (Remember to keep a copy for yourself.)
He or she will have ten days to object to your request. If the court does not
receive an objection from the defendant, your protective order will be extended
for another year. If the defendant does object to an extension of your domestic
violence protective order, the court will sched­ule a hearing to be held within
30 days. Your current domestic violence protective order will remain in effect
until the hearing date.
If you feel the need to extend your order a second time you can request that
the judge make the order valid for up to five years.
Dropping a Final Order
You can drop your domestic violence protective order at any point during the
year that it is in effect. If you choose to drop the order before the final hearing,
you still must go to the scheduled hearing. When your case is called, you may
explain to the judge why you are requesting that the order be dropped. If you
choose to drop your domestic violence protective order after the final hearing,
you need to go to the courthouse where it was issued and explain to the clerk
that you would like to drop your order. The clerk may bring you in to see a
judge, and you may be asked to tell the judge why you want the order dropped.
This might happen in the courtroom or in judge’s chambers. If a judge is not
available, the clerk may schedule a hearing at a later date.
If you have a Protective Order from Another State or Leave the State
of New Hampshire
Every state is required to recognize and enforce a valid protective order that
was issued by any other state or U.S. territory. [If you have a protective order
from another state, you can protect yourself by filing a certified copy of this
order in any FAMILY COURT or SUPERIOR COURT in New Hampshire (see
Resource Directory for a listing of New Hampshire courts). If you do not have
a certified copy, the court can have a copy of the order faxed from the court
58
that issued the order (the defendant will not be notified of your location). The
clerk then will forward the order to the Administrative Office of the Courts to
enter the order into the state database.
Even if you have not filed a copy of your order with a New Hampshire court,
the order still is enforceable by the police. If you call the police to report that you
have been abused, followed, threatened or intimidated, be sure to tell them you
have a protective order from another state. Your valid New Hampshire order is
enforceable in other states as well. Be sure to inform the police department and
courts in other states about the protective order issued in New Hampshire.
Violating a Protective Order
It is a crime for the defendant to violate a temporary or final domestic violence protective order. Such violations should be reported to your local law
enforce­ment agency immediately. Examples of violations could include, but
are not limited to:
u
phone calls, e-mails, phone text messages;
Following you;
u Yelling obscenities at you;
u Coming to your place of residence, employment, or school; or
u Further physical abuse.
u Sending you gifts or cards.
u Leaving messages on your windshield.
In Addition, It Is Against The Law For Someone To Own Or Carry A
Firearm While There Is A Protective Order Issued Against Him Or Her.
Police are mandated to make an arrest in situations of protective order violations. This begins a criminal action against the defendant.
u
Criminal Cases
A criminal case is a court action made by the state against a person who has
been charged with committing a crime, such as violations of a protective order.
When a protective order is violated, criminal charges will be brought in court
against the violator by the police. This is done at no cost to the victim. If the
court finds the defendant guilty, a punishment (or sentence) will be issued. The
sentence depends upon the defendant’s criminal record as well as the severity
of the injuries to the victim. All states must enforce a valid protective order
from any other state or US Territory.
Although sentences do not always include jail time, a criminal action is part
of the defendant’s criminal record. See Chapter 7 of this Handbook for more
information on criminal cases.
Immigrants and refugees are entitled to many of the same legal rights as
U.S. citizens in criminal case proceedings. Further, if you are not married to a
U.S. citi­zen or legal permanent resident, but you have been a victim of a crime
59
and you assist in the prosecution of your abuser, you may be able to apply for
a U Visa. However, it is best not to submit an immigration application on your
own with­out first consulting an immigration attorney. For immigration advice,
contact the International Institute of New Hampshire at 1-603-647-1500
(See Resource Directory).
Bail Conditions & Protective Orders
When the defendant is arrested for committing a crime, he or she will usually
be released on bail. A bail order will be issued, which requires the defendant,
who has been placed under arrest for a crime, to pay money to ensure that he
or she will appear in court. If the defendant cannot pay the bail, he or she will
remain in jail. It is a crime for the defendant to violate a temporary or final
domestic violence protective order. Such violations should be reported to your
local law enforce­ment agency immediately. If the crime is one committed against
you, the defendant often will be ordered to stay away from you. This is called
“no contact” and is part of his or her bail conditions. If the defendant makes
contact with you in any way, he or she will be sent back to jail until the trial.
Bail conditions are different from a domestic violence protective order.
While both may prohibit the defendant from having any form of contact with
you, bail conditions do not give you temporary decision-making or residential
parenting rights, use of the home, or any of the other assistance a domestic
violence protective order can provide. In addition, bail conditions only remain in
effect during the criminal case. Therefore, it is advisable to get a restraining order in addition to having the protection of bail conditions.
Gaining Immigration Status For Immigrant Women Who Are Abused
By A Spouse Or Parent
The Violence Against Women Act (VAWA) of 1994 allows self-petitioning for
abused immigrant spouses and children of lawful U.S. residents or U.S. citizens
to gain immigration status without their abuser’s help or knowledge.
You must meet certain requirements to qualify.
u
You must be the abused spouse or the abused child (unmarried and
under 21) of a lawful permanent resident (“green card” holder) or U.S.
citizen. If the abuser had a green card but has been deported since the
abuse, you still may qualify.
u You must be married to your abuser OR have a parent-child relationship
with your abuser. Stepchildren also may qualify.
u You must file immigration papers before the two-year anniversary of your
divorce if you have been divorced.
u You must not have been married just to get a green card, but instead you
must have married in “good faith” (that is, because you really wanted to
be married).
60
You will not need any specific evidence to prove to the INS that you have been
abused, although proof of a domestic violence protective order or crimi­nal
action against your abuser may help to establish your case. In some situations,
your own statements may be enough.
If you think you qualify for VAWA or have any questions about VAWA, contact an immigration attorney. If you do not qualify to self-petition under VAWA, you still may be
eligible to gain immigration status under other laws. For immigration advice, call the
International Institute of New Hampshire at 603-647-1500 (See Resource Directory).
NOTE: Persons who have legal immigration status cannot have that
status taken away by reporting the abuse of their spouse or partner.
Also, your spouse or partner does not have the power to deport you.
Only the INS can deport someone, and you have the right to see an immigration judge before deportation.
v SEXUAL ASSAULT
Anyone can be a victim of sexual assault – adult women and men, teenagers,
children, people with mental and physical disabilities, and the elderly, regardless
of race, national origin, sexual orientation or economic status. Sexual offenses
can include several kinds of crimes: sexual assault, incest, child molestation,
marital sexual assault, so-called “date rape,” indecent exposure and voyeurism.
Rape is no longer a legal term in New Hampshire. It is now classified as Sexual
Assault. Under New Hampshire criminal law, there are three levels of sexual
assault:
Aggravated Felonious Sexual Assault (Afsa)
This is the most serious of the sexual assault crimes. It carries a maximum
penalty of 10-20 years in state prison. There are three ways in which a person
can commit AFSA:
1. Sexual penetration accomplished under an aggravating circumstance:
This variety of AFSA requires the State to prove that the perpetrator engaged in sexual penetration of the victim under one of several aggravating
circumstances.
Sexual penetration has a broad definition, including intercourse as well as
fellatio (oral stimulation of the male genitals), cunnilingus (oral stimulation
of the female genitals), anal penetration, digital penetration, any intrusion,
however slight, into the genital or anal opening of the victim or actor and any
act which forces the victim to engage in penetration of another.
Aggravating circumstances that make penetration a crime include the
following:
• Force - Penetration accomplished through the actual application of physical force, physical violence or superior physical strength.
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• Helpless victim - Penetration accomplished when the victim is physically
helpless to resist.
• Threat of force - Penetration accomplished under threat of force, whether
actual force is used or not.
• Threat of retaliation - Penetration accomplished through threat to
retaliate.
• Kidnapping - Penetration accomplished under circumstances involving
kidnapping or false imprisonment.
• Drugged victim - When the perpetrator, without knowledge of the
victim, administers a substance to the victim that mentally incapacitates
him or her.
• Medical treatment or therapy - When the perpetrator is providing
therapy or medical treatment and accomplishes penetration either through
the use of the relationship to coerce the victim to submit or in a manner
not professionally recognized.
• Mentally defective victim – Where the victim is mentally defective to
such an extent that he or she cannot appreciate the physical and social
consequences of sexual penetration and the perpetrator knows the victim
is mentally defective.
• Concealment or surprise - Penetration accomplished through concealment or surprise.
• Age 13-15 and related or in the same household - Where the victim
is 13 years of age or older and under 16 and related to the perpetrator
or a member of the same household.
• Age 13-17 and in a position of authority - Where the victim is 13
years of age or older but under 18 years of age and the perpetrator uses
a position of authority to coerce the victim to submit to penetration.
• Victim under 13 - Penetration accomplished of any person under the
age of 13.
• Consent not freely given - Penetration accomplished after the victim
has indicated by speech or conduct that consent is not freely given.
• Correction Officer or Probation/Parole Officer - Penetration accomplished where the victim is incarcerated and the perpetrator is a corrections officer, or where the victim is a probationer/parolee and the
perpetrator is supervising the victim.
2. Fondling the genitals of a child under age 13 – A second form of AFSA
involves the touching of the genitals, whether over or under the clothing,
of a person under thirteen years of age. In proving this variety of AFSA, it
must be shown that the perpetrator acted with the purpose of sexual arousal
or gratification.
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3.Pattern of sexual assault - Many children are the victims of multiple acts
of sexual abuse by the same perpetrator, such as when the perpetrator lives
in the victim’s home and has frequent access to the victim. In such cases, a
“pattern” of sexual assault may be charged even when the victim may not
be able to recall details of each individual act of sexual abuse. This charge
requires proof that the victim is under 16 and that more than one act of
felony-level sexual abuse has occurred within a specified time period.
Felonious Sexual Assault (FSA)
Felonious sexual assault has four varieties. This crime carries a maximum
penalty of 3½ to 7 years in state prison:
1.Sexual penetration of a person age 13, 14, or 15 – This is what is commonly referred to as “statutory rape.”
2.Sexual contact with a person under age 13 – This form of FSA requires
proof that the perpetrator touched the victim’s sexual or intimate parts,
or the victim touched the perpetrator’s sexual or intimate parts, including
breasts and buttocks, for the purpose of sexual arousal or gratification.
3.Sexual contact by Corrections Officer or Probation/Parole Officer –
This form of FSA requires proof of sexual contact under circumstances in
which the victim is incarcerated or on probation and the perpetrator uses
the corrections officer of probation officer role to coerce the victim to submit
to the contact.
4.Sexual contact under an aggravating circumstance causing serious personal injury – This variety of FSA requires proof that sexual
contact was accomplished through any of the aggravating circumstances
listed above and resulted in serious physical or psychological harm to the
victim.
Sexual Assault
This is a misdemeanor carrying a maximum penalty of 12 months in jail. It
has three varieties:
1. Sexual contact with a person 13 years of age or older, under one of the
above aggravating circumstances.
2. Penetration as defined above of a person 13, 14, or 15, where there is an
age difference between the perpetrator and the victim of 3 years or less.
3. Sexual contact or penetration by a Probation Officer or Corrections Officer with an inmate or probationer/parolee. This crime differs from the
felony level varieties in that it need not be shown here that the perpetrator used the position of authority to coerce the victim to submit to the
sexual activity.
u Immigrants have the same legal protections as U.S. citizens in the crime
of sexual assault.
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Sexual Assault is a Crime
Sexual assault is forced, manipulated, or coerced sexual activity in which the
assailant uses sex to inflict humiliation upon or to exert power and control
over the victim.
In New Hampshire, the legal age of sexual consent is 16. It is always a crime
for a person to have sexual relations with:
u Any person under the age of 16;
u Another person who does not consent; or
u Any family member under 18, other than a spouse.
Additionally, sexual assault may include:
u Coercion for sexual activity with threats of physical violence;
u Threats to retaliate;
u Using a position of authority or power to gain sexual activity;
u Providing intoxicating substances, alcohol and drugs to gain sexual activity
(see below, “Rape Drugs”).
Sexual Assault is a Criminal Act of Violence
A sexual offender can be anyone. Sexual offenders may be strangers to their
victims but, more often, the victim knows the offender. The sexual offender
may be an acquaintance, partner, spouse, or other family member. In over half
of all reported sexual assaults, the victim and assailant know each other. Child
victims know their assailant in 80 % of all cases.
Being sexually assaulted by someone you know does not make the crime any
less serious or traumatic. In fact there may be additional trauma associated
with acquaintance rape due to the violation of trust, shared social space, and
common friends.
NOTE: Sexual and physical abuse of children under 18 is considered child
abuse. New Hampshire law requires that anyone knowing or suspecting of child abuse must report it to the Division of Children, Youth and
Families (In New Hampshire at 1-800-894-5533; outside New Hampshire
at 1-603-271-6556).
NOTE: Anyone suspecting sexual and/or physical abuse, neglect or
exploitation of an Elder or Incapacitated Adult over the age of 18 is
required by law to report it the Bureau of Elderly and Adult Services
at 1-800-949-0470 or 1-603-271-7014. If you need to report an incident before 8am or after 4:30pm, or anytime on the weekend, call
your local police.
NOTE: Regardless of whether a couple is legally married (same sex marriage or joined in civil union), it is a crime in New Hampshire for a
spouse to force you to engage in any kind of sexual contact or activity.
It is also against the law for your spouse to injure you or threaten you
so that you fear for your physical safety.
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Getting Help For Sexual Assault
What is a Sexual Assault Crisis Center?
Confidential, free support is available to you 24 hours a day, 365 days a year
through local sexual assault crisis centers. Crisis center advocates will accompany victims to the hospital and to court, provide emotional support, and
explain legal and other options to sexual assault victims and their parents,
partners, or friends. Services are free, confidential, and available to everyone
regardless of gender, age, health status (including HIV-positive), physical, mental
or emotional ability, sexual orientation, gender identity/expression, socio-economic status, race, national origin, immigration status or religious or political
affiliation. For the crisis center nearest to you, call:
STATEWIDE SEXUAL ASSAULT HOTLINE 1- 800-277-5570
(1-800-735-2964 TDD/VOICE)
The call is free and interpretation is available. A list of local crisis centers also
can be found in the Resource Directory located at the back of this Handbook.
Information you share with a crisis center advocate must remain confidential
unless you provide written permission for the information to be released. You
can disclose information about your situation and receive help and support from
an advocate without fearing that this information will be shared with anyone.
Crisis center advocates are required to report child, elder and incapacitated
adult abuse to authorities.
NOTE: Some advocates work for the police department or prosecutor’s
office. Information you share with them is NOT confidential.
Steps You Can Take if You Are Sexually Assaulted
If you are sexually assaulted:
u
Go to a safe place. Call the police at 9-1-1. If necessary, request a language
interpreter or other special accommodation.
u Call a sexual assault crisis center. It is helpful to have a crisis center advocate nearby when the police arrive to inform you of your legal op­tions.
Advocates will also accompany you to the hospital or, if the case pro­ceeds,
offer support during the court process.
u Do not change your clothes, bathe, brush your teeth, douche or wash away
any evidence.
u Go to the nearest hospital emergency room to be examined. The emergency
room in any public hospital must give you emergency medical care, even
if you are an undocumented immigrant or do not have insurance. It is
impor­tant to do this as a measure to take care of yourself. Request that
the hos­pital provide an interpreter or other accommodation, if necessary. Unless you are a minor, medical personnel will not report your case
automatically to the police without your permission.
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u
Most hospitals participate in the Sexual Assault Nurse Examiner Program
(SANE). A SANE is a specially trained medical provider who gives complete
care to the sexual assault victim. You should request that a SANE be called
if possible.
u If the assault is reported to police, it must be made to the police department in the city or town in which the assault occurred. Request a language
interpreter or other special accommodations, if necessary, so that you
fully understand the police and the police fully understand you. If you
are unsure about how to report the assault to the police, or if you would
like a crisis center advocate to go with you, contact your local crisis center
24 hours a day, 365 days a year.
The Sexual Assault Medical Exam
At the emergency room, you will be given a Sexual Assault Medical/Forensic Exam and a crisis center advocate will be called. This standardized exam is
designed to assess your physical condition as well as to gather physical evidence
of the assault. It is important that this evidence be collected as soon as possible. The sexual assault medical exam can be done up to five days after the
assault. You have the right to refuse any part of the exam without it affecting
your hospital care. If possible, bring a change of clothing with you, as clothing
worn at the time of the assault may be considered evidence. The hospital will
document any injuries you may have received. The evidence collected will be
used in investigating the crime should you choose to report it to the police. If
you choose to report the crime, the hospital will call the local police. The hospital also will contact DIVISION FOR CHILDREN, YOUTH, AND FAMILIES
in any case involving the abuse of a child under the age of 18.
Who Pays for the Exam?
Victims of sexual assault are not required to pay for the medical exam and
should not be sent a bill for the exam. There are three possible methods of
payment.
1. If you ask for the process to be kept anonymous, then the State of New
Hamp­shire is responsible for paying for the medical/forensic exam. The
anonymous reporting procedure allows the sexual assault kit to be turned
over to the State Police Forensic Laboratory, where it will be held for 60
days while you decide whether or not to report the crime. It is important to
note that the evidence will not be analyzed until you report the crime.
2. If you choose not to be anonymous and you have insurance, then the state
will bill your insurance company.
3. If you choose not to be anonymous and have no insurance, then the state
will pay for the exam.
The state will also pay up to $200 for one follow-up exam.
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Sexually Transmitted Diseases and Pregnancy Testing
The sexual assault exam may include tests for sexually transmitted diseases.
While the results of these tests will not be available for three to five days,
antibiotic medications are routinely offered as a preventative measure against
acquiring gonorrhea and chlamydia. The medication should be administered
before the patient leaves the hospital, or dispensed at the time of discharge
with instructions on how to take them. The local crisis center can arrange for
immediate funding for some post-sexual assault medications.
A baseline pregnancy test is done at the hospital to determine your eligibility for emergency pregnancy prevention (the “morning after pill”), which may
prevent you from getting pregnant if it is taken within five days of the assault.
Be sure to receive the medication while you are in the hospital, otherwise the
expense may not be covered as part of the exam. Your local crisis center can
provide you with referrals for a physician or clinic in your area for additional
follow-up testing.
HIV Testing
Although an HIV test can be done at the time of the sexual assault medical
exam, it is NOT routinely part of the exam. If you choose to have an HIV test
done at the hospital, the results will become part of your hospital record. The
HIV test done at the hospital is a baseline test and will determine if you were
infected prior to the assault. It will not indicate if the offender infected you.
Follow-up testing is important. HIV post-exposure prophylaxis medication may
be offered to you depending on the circumstances of the assault and how quickly
you receive care. These medications decrease the chance of you acquiring HIV
if you were exposed.
The defendant is required to have an HIV/AIDS test ONLY if he or she is found
guilty of sexual assault. He or she cannot be forced to be tested prior to the trial
or if found not guilty. Once convicted and sent to state prison, the defendant is
tested automatically and the results of the test are sent to the Victim/Witness
Program, who will contact you with the results.
“RAPE DRUGS”
Many people mistakenly think that they cannot report a sexual assault or
press charges for assault if they have been drinking or were intoxicated. The
use of alcohol or drugs does NOT give someone the right to assault you. Being
intoxicated can make you incapacitated or helpless to resist. If you have been
sexually as­saulted while intoxicated you are protected under New Hampshire
law. The same is true for victims who were using drugs prior to the assault.
While alcohol remains the most prevalent rape drug, some assailants use other
rape drugs to make victims helpless. Such drugs include Rohypnol (“Roofies”),
Gamma-hydroxybutyrate (“GHB”), Ketamine (“Special K”), and MDMA (“Ectasy”).
Often times these drugs are slipped into a victim’s drinks, and are tasteless, odor­
less and colorless. Signs that you may have been drugged include:
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u
Feeling a lot more intoxicated than you usually do when drinking the
same amount of alcohol;
u Waking up very hung over, feeling “fuzzy,” experiencing memory lapse
and being unable to account for a period of time;
u Being able to remember taking a drink, but not being able to recall what
happened for a period of time after you had the drink; or
u Feeling as though someone had sex with you, but not being able to remember either part of or the entire incident.
It is illegal to distribute or administer any drug to another person without
that person’s knowledge and with the intent to commit a crime.
If you believe the person who assaulted you used a rape drug, inform police
and medical personnel right away. A special urine test can be done to check
for rape drugs in your system. The test must be done immediately and will be
paid for by the state.
Reporting The Crime Of Assault
If you are 18 years of age or older when a felony sexual assault occurs, the
criminal statute of limitations, or the time limit for reporting, is six years.
That means you have up to six years from the date of the assault to report it.
If you are under the age of 18 when the assault occurs, you have until age 40
to report the crime. There have been a number of changes made in the law
over the years, so always check with the county attorney to see if your case
falls within these guidelines. Keep in mind that prosecutions of any kind become more difficult to prove the more time passes between the crime and the
reporting of it. If you are uncertain of what action to take, talk to a local crisis
center advocate.
Legal Help For Sexual Assault
If your case goes to the County Attorney’s office, a victim/witness advocate will be assigned to provide you with support. Victim/witness advocates
are part of the prosecutor’s office and will keep you informed about what is
happening with your case. Please be aware that the confidentiality statute only
applies to crisis center advocates and NOT to victim/witness advocates. If
you have confidential informa­tion or concerns, you should seek the help of your
local crisis center advocate. More information about the VICTIM/WITNESS
ASSISTANCE PROGRAM and your rights in the criminal justice system can
be found in CHAPTER 7 of this handbook.
Other Legal Options
Below are other legal options available to you under New Hampshire law.
u
Civil Suits. Sexual assault victims may choose to sue the sexual offender
for damages and emotional harm in a civil case even if there is not a criminal case. Bringing a civil suit will require the help of an attorney. Your local
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sexual assault crisis center can provide you with more information and
a list of attorneys who may be able to help you with your case. You may
wish to pursue a civil suit even if you have not been involved in a criminal
case and have suffered long-term costs as a result of the assault.
u Victim Compensation. Victims of sexual assault and other personal
injury crimes also may be eligible to apply to the New Hampshire Victim’s
Compensation Board for compensation of medical/dental expenses, mental health therapy expense, lost wages or other out-of-pocket expenses
not covered by insurance or other resources available to the victim. The
compensation must be related directly to the victim’s condition as a result of the crime. Property loss and pain and suffering are not covered.
In order to qualify, the victim must report the crime to law enforcement.
For more information call 1-800-300-4500 (toll free in NH only) or
1-603-271-1284. More information about the VICTIM’S ASSISTANCE
COMMISSION can be found in CHAPTER 7.
Taking Care Of Yourself
Everyone reacts in different ways following a sexual assault. Common reactions include fear that the attacker may come back; feelings that the victim did
something to cause the as­sault; fear of being alone or in crowds; fear that no
one will believe the assault happened or that friends and family will find out
about the assault. Anger, frus­tration, isolation, powerlessness, and helplessness
are common feelings that vic­tims experience. Reactions to the assault may vary
widely. Nothing is “normal” in this situation.
Healing from sexual assault begins when the victim is able to deal with what
has happened. It often is helpful to talk about the assault with a trusted in­
dividual — a friend, family member, professional counselor, or an advocate
from a sexual assault crisis center. But be assured that, as a victim, you have
the right to follow your own path to healing from the event.
Know that you have done nothing to provoke or cause the attack.
What happened to you is not your fault and is not because of any­thing
that you have or have not done. The assailant alone is responsible for the
abusive behavior.
u Join a support group. Local crisis centers are great resources and can
assist you in locating a support group in your area. These groups are places
where you can interact with other survivors of sexual assault.
u Develop a support system. Keep in touch with friends who are support­
ive and understanding. Tell someone about the assault. You can call your
local crisis centers for support 24 hours a day, 365 days a year.
u You may experience stress and trauma and might want to seek assistance. You may begin to experience feelings of rage, terror, suspi­cion,
an inability to trust anyone, depression, changes in sleeping or eat­ing
patterns, exhaustion, or frequent crying spells. Your body and mind may
u
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be reacting to the stress caused by the sexual assault. Talking to someone
who is trained to counsel victims and survivors may help stop some of
the symptoms that are interfering in other aspects of your life. Your local
crisis center has a list of people skilled in this work.
v STALKING
Anyone can be a victim of stalking – women, men, teenagers, children, people
who are mentally or physically disabled, and the elderly, regardless of race,
national origin, sexual orientation or economic status. Stalking is behavior
involving a course of conduct by a person that places another person in fear
for his or her safety. Immigrants and refugees have many of the same legal
protections as U.S. citizens in the crime of stalking.
Stalking is not a one-time criminal act but a series of repeated acts of victimization, a pattern of behavior, and/or a course of conduct. It may involve a mix
of criminal acts and behavior that, in another context, would be considered
non-criminal. A stalker can commit any type of crime, from vandalism, to kidnapping, to homicide. Stalking laws also criminalize what look to be innocent
acts that would normally be considered non criminal, such as sending letters,
delivering unwanted gifts, or making phone calls to the victim if they form part
of a course of conduct or that threatens the victim and causes fear.
Common stalking behaviors include, but are not limited to:
• Violations of any protective order by visits to the victim’s home or any
other location frequented by the victim
• Telephone calls to the victim (harassing, threatening, obscene or otherwise)
• Mail, cards, letters or gifts to the victim
• Trespassing
• Burglary of the victim’s home (often there is no forced entry because the
stalker may have a key)
• Following the victim on foot or in a vehicle
• Showing up at the victim’s place of employment or other frequented establishments
• Spying or monitoring of the victim’s activities
• Making slanderous statements or false reports concerning the victim
• Delivery of objects to the victim intended to cause fear to that victim
(these objects, taken out of context, may seem innocent to outsiders)
• Threats made to the victim (either direct, veiled, or conditional)
• Vandalism or theft of the victim’s property, home, vehicle, workplace, or
vandalism to the property, etc. of any friend or family member who helps
the victim
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• Vandalism affecting the security of the victim’s home, such as unscrewing
outside lights or disabling the alarm system
• Disabling the victim’s vehicle
• Transferring the victim’s phone line to another line in order to monitor
messages or disabling or planting listening devices in the victim’s home
• Filing “change of address” forms at the post office under the victim’s name
in order to intercept the victim’s mail
• Harassing or threatening the victim by use of computers, Internet, and
other technologies. (Examples: Spyware, “Spoofcard”, Global Positioning
Systems (GPS))
• Harm to pets or animals belonging to the victim
Getting Help For Stalking
If you are being followed from place to place, or if you are being threatened
or intimidated by someone, it is important that you take the necessary steps
to maximize your safety. This may mean temporarily moving or seeking safe
shelter and then reporting the stalking to the police. You also may choose to
stay in your home and seek help from the police and the courts. Depending on
your relation­ship with the stalker, you may be able to help the police or courts
know if the stalker will be violent. This will help to decide what actions need
to be taken. The first concern is for your safety.
Confidential, free support is available to you 24 hours a day, 365 days a year
through your crisis center. Locate the center nearest you in the directory on the
inside back cover of this Handbook. Services and support provided by crisis centers are available to all people regardless of gender, age, health status (including
HIV-positive), physical, mental or emotional ability, sexual orientation, gender
identity/expression, socio-economic status, race, national origin, immigration
status or religious or political affiliation. If you need a language interpreter or
other special accommodation, be sure to make this request.
Information you share with a crisis center advocate must remain confidential,
unless you provide written permission for the information to be released. You
can disclose any information about your situation and receive help and support from an advocate without fearing that this information will be revealed to
the government or any other third party. However, crisis center advocates are
required to report child and elder or incapacitated adult abuse to authorities.
What Steps Should You Take If You Are Being Stalked?
The following is a list of steps you can take if you are being stalked:
Secure Personal Safety
The Safety Checklist, on page 73, will help you to identify precautions you
can take to maximize your safety.
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Notify the Police
If you are being followed from place to place, threatened or intimidated by
someone, call the police at 9-1-1. Request a language interpreter or other special accommodation, if necessary, so that you fully understand police and the
police fully understand you. Be sure to tell the police about previous calls you
have made and the results of the calls (for example, a protective order was
served or the stalker was warned to stay away from you). File a complaint with
the police, providing any evidence you can about your situation. The police will
file a report. Be sure to request and keep a copy of the report along with the
name of the officer taking the complaint.
When you call the police. they can make an arrest without a war­rant if the
officer has reason to believe that a new stalking episode has occurred within
12 hours of your filing a report. If you have a stalking protective order (see
below), the police must arrest the person. The police can make an arrest even
if they do not see the events you describe.
In the event of an arrest, the stalker will be considered for bail in a court proceeding in which the stalker is the defendant. The bail hearing is an opportu­
nity for law enforcement and for you to provide the court with information on
whether the defendant poses such a danger that he or she should be held in
jail. In assessing this danger, the court will consider factors such as threats of
suicide, acute depression, history of violating protective orders, possessing or
attempting to possess a deadly weapon in violation of an order, death threats
or threats of possessiveness toward another person, and cruelty or violence to
pets. In the event the court determines the defendant does not pose a danger,
the defendant will be released either on a written promise to appear in court
or on a bail order that directs the defendant to pay money to ensure that he
or she will appear in court. The defendant may be told to have no contact with
you as part of the bail conditions.
Make sure to get copies of any papers from the police and courts, including
ar­rest records, the charges that have been filed against the defendant, and the
bail conditions. Write down the names of any law enforcement officers and
judges in­volved in your case.
Obtain a Stalking Protective Order
Any person, regardless of age or immigration status, may request a stalking
protective order from the district or superior court. In addition to prohibiting the defendant from continuing the stalking behavior, the court also may
consider ordering monetary compensation for losses suffered as a direct result
of the stalking. This compensa­tion may include the cost of moving and shelter
expenses; lost wages; reasonable attorney’s fees; medical and dental expenses;
the cost of changing phone numbers; the cost of obtaining caller ID, an unlisted
number or an answering machine; the cost of new locks and other security; and
mental health or counseling expenses. The court also may consider prohibiting
72
the defendant from owning or possessing firearms, ammunition or other deadly
weapons. Unlike a domestic violence protective order (see above), the court
does not have to find that the defendant poses a credible threat before issuing
a protective order.
Document Everything
If it is safe to do so, you should write down dates, times, places, and witnesses’
names. Write what the stalker was doing, saying, and wearing. Note the kind
of car the stalker was driving and the license plate number. If it can be done
safely, take pictures of your stalker. If you need to give this documentation to
the police be sure to keep a copy for your records.
Tell Family, Friends, Neighbors and Co-Workers about the Stalking
Describe the stalker to them. Ask them to watch for the stalker, to write down
everything they see, and to give this account to you. Ask your Human Resources
Director, Employee Assistance Program professional, or supervisor about your
company’s policies and resources to help keep you safe at work. On a college
campus, ask your campus security about your school’s policies and procedures.
Save all Written Material, Legal Papers and Telephone Messages Recorded on Answering Machines
Collect evidence of the stalking. Save and date all cards, letters, notes, e-mails,
text messages, and envelopes from the stalker. Save and date all messages left
on answering ma­chines. (You should know, however, that it is a crime to tape
record any conversation between you and your stalker unless the stalker knows
the conversation is being recorded.) Obtain and keep copies of things like warrants, protective orders, and court orders.
SAFETY CHECKLIST - STALKING
If you are being stalked, you can maximize your safety by taking certain precautions.
Your local crisis center is an important resource for safety suggestions as well as support and assistance in understanding protective legal options available to you. See
the Resource Directory at the end of this Handbook to find the crisis center nearest
you. See page 48 for Internet & Computer Safety guidelines.
Change your locks, both at home and in your car.
Avoid walking alone. Be aware of what is around you.
Obtain a post office box and give your address and phone number to as
few people as possible. If you have a rural mail delivery box, do not put
your first name on the box.
Change your daily driving routes, and keep your car doors locked at all
times, whether or not the car is in use.
73
Park your vehicle in well-lit areas. Get a locking gas cap, and always look
in the front and rear areas before entering your vehicle.
Know the locations of the nearest police and fire stations.
If you are being followed go to a well-lit public place and seek help
Keep an emergency bag packed with clothing, money, telephone numbers,
toys for children, and important papers, such as social security numbers,
birth certificates, passports, and immigration papers.
If possible, alert neighbors and have a pre-arranged code or signal if the
stalker is near or at your home.
Post a “NO TRESPASSING” sign on the edge of your property where it
is clearly visible.
Call the Social Security Office and discuss the possibility of changing your
social security number if you feel that the stalker is using it to find you.
Report to the telephone company any threatening calls that you, or anyone
you know, receive from the stalker.
Ask for their help on ways to protect your phone lines or to trace the
stalker’s calls. If possible, change your current telephone number to an
unlisted telephone number. Ask the phone com­pany to remove your
name and phone number from both the phone book and directory assistance.
Report all threats sent by mail, e-mail, and text messaging to your local
police.
If you move, avoid leaving a “paper trail.” Do not give permission to the
post office to forward mail to your new address. Make the necessary notification of your new address directly to family, friends, and businesses.
Take all medical records with you rather than have them forwarded via
mail by the medical office. Pick up personally any security deposit or
rent money owed to you. Do not leave a forwarding address with your
old landlord.
Change your e-mail address(s)
Close your pages on any social networking web sites
Do not post information about yourself on web sites
Do not give permission to the telephone company to refer calls to your
new number.
Take necessary steps to be safe at work and school:
Tell security that you are being stalked.
74
If possible, ask for a change in your work schedule or site.
Have the receptionist screen your calls.
Distribute a photograph of your stalker to your co-workers, classmates,
friends.
Obtain a copy of your company or school’s safety policy. If the company
does not have one, request that the local crisis center is contacted for
assistance in drafting a safety policy.
Taking Care Of Yourself
Know that you have done nothing to provoke or cause the stalking.
What is happening to you is not your fault and is not because of any­thing
that you have or have not done.
Join a support group. Local crisis centers are great resources and can
assist you in locating a support group in your area.
Develop a support system. Keep in touch with friends who are support­
ive and understanding. Tell someone about each encounter with the
stalker. Remember, you can call your local crisis centers for support 24
hours a day, 365 days a year.
You may experience stress and trauma and might want to seek assistance. You may begin to experience feelings of rage, terror, suspi­cion,
an inability to trust anyone, depression, changes in sleeping or eat­ing
patterns, exhaustion, or frequent crying spells. Your body and mind may
be reacting to the stress caused by the stalking. Talking to someone who
is trained to work with victims and survivors may help stop some of the
symptoms that are interfering with other aspects of your life. Your local
crisis center has a list of people skilled in this work.
Exercise extreme caution when providing
personal information on the internet.
See: Internet Safety Guidelines on page 48
75
ADDRESS CONFIDENTIALITY PROGRAM
Frequently, victims attempting to escape from violent situations
often must move and establish new addresses in order to prevent
their abuser or assailant from locating them. Unfortunately, victims can be tracked by their stalker as a result of their address
being part of a public record. The New Hampshire Address Confidentiality Program (ACP), located in the Attorney General’s Office, was designed to assist victims of stalking, domestic violence,
sexual assault or stalking to maintain the secrecy of their home,
work or school address.
The ACP allows victims who have permanently moved and are seeking
to have their location remain confidential, to receive a substitute address
designated by the Attorney General. This address is used as if it were the
victim’s actual address when accessing state and local services. State and
local agencies are required by law to accept the ACP address for a victim,
therefore keeping their actual address from appearing in government and
other public documents. The ACP address has no relation to the victim’s
actual physical address. Private companies, business and federal agencies
do not have to accept the ACP address for a participant.
Victims in the ACP designate the Attorney General as their agent for
service of process and receipt of mail. Therefore any first class mail addressed to the victim through the ACP is accepted by the Attorney General
and then forwarded to the victim. This allows the victim to continue to
have mail service while maintaining the confidentiality of their actual
residential address. Victims interested in applying for the ACP need to
be referred to their local crisis center (See Resource Directory, Crisis Center
List). Advocates will help victims in determining if the program may be
of value to their individual situation and assist them with the application process.
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CHAPTER 6. FAMILY LAW
This chapter on Family Law covers topics relating to New Hampshire’s laws
that apply to marriage, including same sex marriage and civil unions, paternity,
parenting rights and responsibilities (formerly referred to as “custody”) for both
married and unmarried parents, child support, and divorce.
NOTE: Parenting rights, paternity, child support, and divorce are very
complicated areas of the law. If you have children, it is especially important to consult an attorney, as the outcome of the divorce will affect your
life and the lives of your children for years to come. If you own property,
have a pension, retirement accounts, other valuable assets, or joint debts
with your spouse, or have questions about your immigration status, you
should consult an attorney to assist you in getting a divorce. You should
proceed carefully and not make hasty decisions or feel pressured to make
decisions regarding the terms of your divorce or the parenting of your
children. Some of the terms of a final divorce order and final parenting
plans are extremely difficult to change once they are finalized.
v MARRIAGE
A couple may obtain a license to be married in New Hampshire, regardless
of whether either one of them resides in New Hampshire. Before a marriage
license is issued, the couple must file an application for a marriage license in
any town or city in New Hampshire. The license, once issued by a town clerk, is
valid for not less than three days or more than 90 days. New Hampshire does
not require a couple to obtain blood tests before obtaining a marriage license.
Individuals under the age of 18 must have the consent of a parent before they
can obtain a marriage license or marry in New Hampshire.
Either member of the couple may, but is not required to, change his or her last
name when getting married. Your spouse may adopt your last name, you may
adopt your spouse’s last name, or the two of you may combine last names. If
you do change your name, it is important to notify the Social Security Office,
the Division of Motor Vehicles if you have a driver’s license, and banks and
credit card companies.
All property acquired during a marriage is considered marital property even
if title or deed is only in one spouse’s name.
In a common-law marriage a couple lives together as though they are married
without having gone through a legal ceremony. The law regarding common-law
marriage in New Hampshire is unusual. New Hampshire does not recognize
common-law marriage during the lifetime of either partner. Only in the case
of death is a common-law marriage recognized. In New Hampshire, if a couple
lives together for a period of more than three years and present themselves
in their community as married, when one dies the surviving spouse may be
entitled to a portion of the deceased partner’s estate.
77
v SAME SEX MARRIAGE (Formerly Known As Civil Unions)
As of January 1, 2010, same sex marriage is recognized by New Hampshire
law. This follows the recognition of civil unions that went into effect on January 1, 2008. New Hampshire recognizes the legal rights and responsibilities for
same-sex couples who enter into a committed relationship, allowing gay and
lesbian couples who marry to be treated the same as other married couples.
All civil unions entered into in 2008 and 2009 automatically became marriages
as of January 2011.
Entering into a same sex marriage is done in the same manner and with the
same procedures as when a heterosexual couple gets married. Children born
during a same sex marriage are presumed to be the children of the couple.
Nonetheless, it is advisable for same-sex married couples to consider a formal
adoption by the non-biological parent of children born to their relationship to
ensure that the children’s and the parents’ rights are protected. If a married
same-sex couple splits up, they are subject to the same laws relating to heterosexual divorce, including parenting rights and responsibilities, child support,
and property division. Inheritance rights between married same sex couples
are the same as those of any other married couple.
However, same-sex couples entering into a marriage must be cautious about
laws outside of New Hampshire that may still affect them differently. Federal
laws do not recognize same sex marriages. Therefore, for example, the IRS does
not recognize same-sex marriages, so same-sex couples cannot file joint federal
tax returns. COBRA laws relating to health insurance cannot be enforced for
same-sex couples, so health and dental insurance benefits may not be available
as they would be for a heterosexual married couple. Federal laws that govern
the beneficiaries and the division of retirement plans at the time of divorce will
not be in effect. Thus, at the time of divorce, a retirement account may not be
able to be divided as it would be for a married heterosexual couple.
Also, most other states do not recognize same sex marriages. The states that
do recognize civil unions include Massachusetts, Vermont, Maine, Iowa, New
Jersey, and Connecticut. Other states, such as Hawaii and the District of Columbia, may grant some rights to gay and lesbian couples, although this changes
regularly. If a married gay or lesbian couple plans to move to another state, they
would be well advised to seek legal advice before the move so as to ensure their
parenting rights, inheritance rights, and property ownership are protected and
planned consistent with their desires.
v PATERNITY
Paternity means fatherhood. Establishing paternity means establishing that
a man is biologically and legally the father of a child. By establishing paternity,
a child will benefit:
1. Financially, by becoming legally eligible to receive child support, certain
disability and Social Security benefits, and inheritance rights;
2. Medically, through rights to the father’s health insurance benefits and
access to information about the father’s medical history; and
78
3. Emotionally, through gaining a sense of identity and belonging. Once paternity
is established, the father is liable, to the same extent as the father of a child
born to married parents, for the education and support of the child.
How To Establish Paternity Without Going To Court
Unmarried parents can establish the paternity of a child voluntarily and by
agreement by filing a notarized affidavit with the clerk of the city or town where
the child is born. The affidavit is a sworn statement in which both parents state
under oath that the man is the biological father of the child. These affidavits
can be completed and signed at the hospital immediately following a baby’s
birth, or at any time later at the city or town clerk’s office. Parents should not
sign the paternity affidavit if either has any doubts about the truth of the affidavit. Anyone signing a paternity affidavit is given 60 days to change his or
her mind and rescind or revoke the affidavit.
The paternity affidavit has the same legal effect of establishing paternity as a
court order. When a paternity affidavit is filed by agreement, the father’s name
is added to the child’s birth certificate. Once this is done, any further modifications of the birth certifi­cate must be done by a court order.
A mother cannot be required or forced by hospital personnel or anyone else
to put a father’s name on the birth certificate. A husband, however, is legally
presumed to be the father of a child who is conceived or born during a marriage. If the husband is not actually the biological father, then paternity can
be declared by the mother, biological father and husband by filing a three-way
affidavit of paternity with the clerk of the city or town where the child was
born. If all three parties cannot agree, the court must decide who should be
on the birth certificate.
How To Establish Paternity If There Is A Question Or Disagreement
If there is a question about paternity, a petition may be filed in the Family
Division Court to determine paternity. (In Hillsborough and Cheshire Counties, the Superior Court will have jurisdiction of paternity cases until the end
of 2009, at which time they are expected to also have Family Division courts.)
The petition may be filed by either parent, by the child, or by an agency that
has provided support for the child. The court can order paternity testing as
may be necessary or if either party to the case requests it.
THE DIVISION OF CHILD SUPPORT SERVICES can assist applicants for
services in establishing paternity by filing a petition, by funding paternity testing if the parties cannot afford it, and by scheduling court-ordered testing with
a laboratory. A parent receiving public assistance benefits or Medicaid must
cooperate in proving paternity unless excused because of good cause, as in
situations where there has been domestic violence. Exemptions from cooperation for good cause can include cases where there is risk of serious harm to the
child or the mother due to abuse of either or both, or if a child was conceived
as a result of incest or sexual assault.
Once paternity has been established, both parents have parenting rights and
responsibilities, which means that both parents have the right to see and be
79
with the child and to arrange for and know about medical and educational care
of the child. Also, both parents have an obligation to provide for the financial
support of the child until the child reaches the age of 18 or graduates from high
school, whichever is later. (See sections below regarding parenting rights and
responsibilities and child support.)
THE IMPACT OF PARENTAL SEPARATION
AND/OR DIVORCE ON CHILDREN
Parental separation and/or divorce is traumatic to all members of a family, especially children who may not have the emotional and intellectual
resources to fully understand the situation. If your divorce or separation
was caused by domestic violence or child abuse, your family has the added
burden of healing from these wounds, and you should take advantage of
all of the special resources available to stabilize the family. If your marriage or relationship dissolved for differences – and not abuse – between
yourself and your spouse or partner, you can take some steps to help ease
the transition to a new family formation.
•
•
•
•
•
•
•
•
Tell children about the divorce/separation in a calm manner appropriate to their age and basic understanding. If possible, both
parents should be present for this initial conversation.
Encourage children to express how they feel about the divorce/
separation. Expect to see a variety of emotional reactions to the
situation. Reassure children – frequently if necessary – that they
are not the cause of the divorce/separation and that everything
will turn out all right.
Keep up with routines and schedules, and continue to enforce rules
and boundaries in the household. Encourage children to continue
their normal activities.
Let the children know they should love both parents, and that both
parents love them. Avoid blaming or disparaging the other parent
while the children are present, or asking the children to take sides
with you against the other parent.
Keep interactions with the other parent businesslike and respectful. It may help to write down all agreements to avoid misunderstandings.
Do not use your children to communicate with the other parent
if at all possible.
Do not rely on your child for emotional support regardless of maturity. Maintain the parent-child relationship even if you feel you
can talk to your child like an adult.
Let your child’s teachers, coaches, childcare providers, pediatricians
know that the parents are separating/divorcing so they can make
the best recommendations and referrals for your children.
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v PARENTAL RIGHTS AND RESPONSIBILITIES
New Hampshire law no longer refers to “custody” of minor children. Instead,
the law refers to parental rights and responsibilities for the children of parents
who are divorcing or, if not married, to those living separately. The terms of
parental rights and responsibilities are used to stress the idea that children are
not possessions to be fought over, or to be won or lost. The law states that the
purpose of the parenting laws is as follows:
“I. Because children do best when both parents have a stable and meaningful
involvement in their lives, it is the policy of this state, unless it is clearly
shown that in a particular case it is detrimental to a child, to:
(a) Support frequent and continuing contact between each child and both
parents.
(b) Encourage parents to share in the rights and responsibilities of raising
their children after the parents have separated or divorced.
(c) Encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, unless there is evidence
of domestic violence, child abuse, or neglect.
(d) Grant parents and courts the widest discretion in developing a parenting
plan.
(e) Consider both the best interests of the child in light of the factors
listed in RSA 461-A:6 and the safety of the parties in developing a
parenting plan.”
Parenting Plan
Parents, whether married or unmarried, are encouraged to develop a Parenting Plan by agreement. Court-appointed mediators are available at a reasonable cost to help parents work out all the terms of a Parenting Plan. The
Parenting Plan is an agreement that addresses all issues relating to children
who are under the age of 18, including decision-making responsibility,
residential responsibility, a schedule of regular contact for both parents,
a schedule for holidays and vacations, communications between the children
and the parents by phone or email, and school placement. The Parenting
Plan is signed by both parents and needs to be approved and amended by the
Court. As noted above, the Court will require parents to attempt to resolve
their differences about the Parenting Plan in mediation, using court-provided
mediators.
Parents who cannot come to a mutual agreement about their parental rights
and responsibilities by writing their agreement as a Parenting Plan may need
to go to court to obtain appropriate orders. According to New Hampshire law,
the Family Division Court has the authority to determine the parenting rights
and responsibilities for children whose parents are in the process of obtaining
a divorce or whose parents are not married and are separated. (See Resource
Directory for a listing of Family Division Courts). (In Hillsborough and Cheshire
81
Counties, the Superior Court will have jurisdiction over cases involving parenting rights and responsibilities until the end of 2009, at which time they are
expected to also have Family Division courts.)
Decision-making responsibility
Although there is no actual definition of decision-making responsibility, generally it means that both parents have the right to access a child’s school and
medical records and to participate in the major decisions of a child’s life, including making medical and educational decisions. There is a presumption in New
Hampshire that both of the parents of a child will share major decision-making
responsibility for their minor (under age 18) children. For one parent to have
sole decision-making responsibility, there must be compelling reasons to justify
excluding the other parent from decision-making. For example, when there
has been a history of domestic violence, or a severe inability of the parents
to communicate with one another, then the court may award one parent sole
decision-making responsibility.
Even when sole decision-making responsibility is awarded to one parent, the
other parent may be awarded access to certain information, such as medical
or educational records, but will not be allowed to have control over the other
parent when making such important decisions. Both parents must be willing
to be cooperative and reasonable with one another when making important
decisions about their children, and to put the best interests of their children
ahead of their own interests.
NOTE: Alert the court to the presence of violence and abusive behavior
in the relationship. In the event of domestic violence or child abuse, the
court must consider such abuse in determining whether joint decisionmaking responsibility is appropriate.
Residential Responsibility
Residential responsibility refers to the schedule of time that children spend in
their separated parents’ homes. What the actual schedule is for any particular
family will depend first and foremost on what is in the best interests of the
children. A schedule that is in the children’s best interests will be determined
based on the age of the children, the nature and quality of the relationship between each parent and the children, the distance between the parents’ homes,
the work schedule of the parents, the school and extracurricular activities of
the children, the parents’ relative abilities to care for and supervise the children,
and a number of other factors.
With some families, if the parents live close to one another and both are involved, good parents, an equal or approximately equal schedule may be in the
children’s best interests. For other families, it may be best for one parent to
have primary residential responsibility, while the other parent has residential responsibility at scheduled times, such as alternating weekends. Parenting
Plan forms, including suggested language, are available on the New Hampshire
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Judicial Branch web site (see Resource Directory). When parents can agree
to a Parenting Plan, they can complete the Parenting Plan form, sign it, and
submit it to the court for approval.
If parents cannot agree to a parenting schedule, the court will create one that
it finds to be in the best interests of the children. The court considers many
factors when determining residential responsibility, including:
u
Skills, experience, and fitness of the parents;
u
Ability to care for, nurture and discipline the children, both in the present
and future;
u
Age, health, and any special needs of the children;
u
Environment of each parent’s home and its likely influence on the
children;
u
Parents’ ability or inability to get along with one another and to communicate with one another
u
The practical considerations of the parents’ work schedules, distance between homes and schools, and availability to the children;
u
Any evidence of abusive or violent behavior by a parent against the child
and/or the other parent;
u
The recommendations of the guardian ad litem (see below), and
u
The testimony of witnesses.
NOTE: Although children should not be the ones to choose where they
will live, the courts will give serious consideration to a mature child’s
preference and point of view, especially as the child moves into later
teenage years. However, it is never fair to the child to ask him or her to
choose one parent over the other; in fact, such a question may actually
be harmful to the child. A child will never be allowed to testify in court
in his/her parents’ dispute.
New Hampshire law allows grandparents to request visitation rights with their
grandchildren. Grandparents or other interested persons also may apply to the
PROBATE COURT for a guardianship over a child whose parents are unable to
care for that child.
Guardian Ad Litem (GAL)
When the court is confronted with parents who cannot agree on a Parenting
Plan, it may appoint a guardian ad litem (GAL), who is a trained and certified
individual who will investigate the family’s and children’s circumstances and
will make recommendations to the court about what is in the best interests of
the child or children.
A GAL gathers information on the child’s history, current circumstances, and
concerns. The GAL speaks with both parents and meets with, ob­serves, and may
83
speak with the child. The GAL also may speak with school representatives and
teachers, therapists, day care providers, doctors, friends, relatives and others
to get information about the child, the parents, and the family dynamics.
A GAL must undertake this investigation in a timely and effective manner.
While acting in the best interests of a child, a GAL must be impartial, openminded, and fair. Usually, a GAL will file a report with the court. The report
will include recom­mendations regarding the issues that the court has asked the
GAL to investigate. After the report and recommendations are shared with the
parents, they can again attempt to reach an agreement, often with the GAL’s
help. If they cannot come to agreement, the court will hear evidence from both
parents, the GAL, and other witnesses to reach a final decision. It is important
to remem­ber that the GAL only makes recommendations, not decisions. It is the
court that makes the final decision about the Parenting Plan when the parents
cannot agree.
Only the court can appoint a GAL, but the court will usually accept suggestions.
Your attorney can help you identify a GAL to recommend to the court
Both parents are required to pay the GAL. If a parent cannot afford to pay
the GAL, a court fund will be used to pay the GAL. The parent will be asked to
submit financial forms to the state to determine his/her ability to repay the
court fund.
Domestic Violence & Abuse: Impact On Parenting Plans
At the time decision-making and/or residential responsibility is being determined, an abusive partner may argue that he or she has “never hurt the children.” Even if the children were never physi­cally hurt, if they heard or witnessed
domestic violence, they were affected by it. If abuse is or has been present
in your relationship, the court should be made aware of such abuse. This may
include times when a child was in the room during an assault; when something
was thrown, broken, or punched when the child was present; or when the child
witnessed screaming, swearing, or physically threatening behavior.
When domestic abuse has occurred in a relationship, the court will take that
into account when determining how children will be transferred from one parent
to the other. See below, under “Supervised Visitation,” for more informa­tion
about such transfers.
If you are awarded sole decision-making and/or residential responsibility
in a domestic violence case and your abusive part­ner does not have your current address, you may ask the court to have all records of your whereabouts
sealed, thereby preventing the abusive parent from finding out your address.
It is best to give the court the name and address of someone else to receive
notices from the court.
The court, in determining decision-making and/or residential responsibility, also will consider child abuse. Child abuse and neglect proceedings will be
held in the same court as the di­vorce or paternity or parenting case is filed.
84
There also may be criminal proceedings if the police or County Attorney has
decided to prosecute the abuser criminally. Be sure to inform the court dur­ing
the parental rights and responsibility proceedings of any open cases involving
child abuse or neglect.
NOTE: Sexual and physical abuse of children under 18 is considered a
crime. If you have reason to suspect abuse, you are required by law to
report it to the Division of Children, Youth and Families (in New Hampshire at 800-894-5533; outside New Hampshire at 603-271-6556).
Parenting Rights And Relocation
During or after a divorce or parenting rights proceeding, one parent may decide
to relocate to a new town, state, or country for any number of reasons, including
being closer to family or friends or for better job opportunities. Moving with
or away from the children may have a significant impact on a Parenting Plan.
Before moving, you must be sure to comply with the law regarding relo­cation
of a child. If the divorce or parenting proceeding is not yet final, you should
be sure to get the court’s permission before moving with the child. The law
requires that a parent who is moving a child out of the child’s current school
district and/or further away from the other parent must give the other parent
reasonable (at least 60 days is considered reasonable) notice before making the
move. This allows the other parent sufficient time to seek court orders about
the move, or to come up with a new Parenting Plan that takes the move into
consideration.
With some exceptions, if one parent moves, the original court maintains
jurisdic­tion over the case as long as at least one of the parties remains in New
Hampshire.
Relocation Because of Violence & Abuse
With court permission or as stipulated in a final Parenting Plan, a parent may
relocate with the children because of domestic violence or child abuse. In
such a case, procedures allow the parent to register parenting plans with the new
state while keeping the family’s location secret, if necessary. The original court
will determine decision-making and/or residential responsibilities. However,
if you meet certain requirements, you may be able to have the court transfer
the case to the new state. If New Hamp­shire is the “new state,” you will need
to find a lawyer familiar with the UNIFORM CHILD CUSTODY JURISDICTION ACT (UCCJA), the law that governs interstate parenting disputes. The
lawyer also should be familiar with the FEDERAL PARENTAL KIDNAPPING
ACT (see below).
Be sure to discuss with your lawyer ways to protect your confidentiality if your
partner is abusive, while still fulfilling UCCJA requirements. Otherwise, when
you file information in accordance with UCCJA requirements, your current
address will be put on public record. This means that your partner has access
to finding out your new location.
85
Parental Kidnapping
Any parent who takes a child in violation of a Parenting Plan, or who takes a
child away from a parent without the benefit of a Parenting Plan or other court
order, and conceals the loca­tion of that child from the other parent, is committing parental kidnapping. If the child is taken to another state, this becomes
a federal offense under the FEDERAL PARENTAL KIDNAPPING Protection ACT, which provides a federal parent locator service, serious penalties
for kidnapping a child, and provisions for states to enforce Parenting Plans
and related court orders from other states. If your ex-spouse or ex-partner has
taken your child illegally, you should contact the police and then your lawyer
immediately. The police will contact a U.S. Attorney in your federal district to
begin the process of finding the child and, when found, prosecuting the parent.
See below for more information on the steps to take for parental kidnapping.
In-state and Interstate Abduction
New Hampshire law protects children from parental kidnapping. A parent
who moves to another state with the children, without the agreement of the
other parent or in violation of the terms of a Parenting Plan, and/or takes the
children without the court’s permission, is committing the crime of Interference with Custody. Also, it is a crime for one parent to conceal the location
within New Hampshire of the chil­dren from the other parent in violation of a
Parenting Plan.
NOTE: If a parent interferes with decision-making and/or residential responsibility in order to protect the child from real or imminent danger,
the court may consider this as a defense, but only if the parent was acting
in good faith. In order to show such good faith, the parent must file a petition within 72 hours (3 days) of fleeing with the child with an appropriate
court that documents the danger to the child and requests a modification
of the parenting plan. This defense is NOT available to a parent who leaves
the state with the children without the court’s permission.
International Child Abduction
If your ex-spouse or ex-partner is a citizen of another country, you may be
faced with the risk of him violating a Parenting Plan by taking your child back
to his home country. Legal provisions may help to protect your child from
international child abduction.
u
Under federal law, both parents are required to sign a passport ap­plication
for a child under the age of 14. You can send a copy of your Parenting
Plan to the U.S. DEPARTMENT OF STATE, OFFICE OF CHILDREN’S
ISSUES (202-736-7000) and that office will alert you if a passport
applica­tion is filed for your child.
u If a passport was issued for a child before the parents’ separation or
divorce, you should stipulate in the final Parenting Plan that the court
should hold the passport and that a parent may not remove a child from
the country without permis­sion from the court or the other parent.
86
Children of parents from other countries, whether or not the children are
U.S. citizens, may be protected under the HAGUE CONVENTION OF 1980
ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION. The
Convention, signed by the U.S. and numerous (but not all) other countries,
establishes procedures to return children to their home country if wrongfully
removed. Contact a family law attorney, pref­erably one with experience in parental kidnapping, for more information.
Preventing and Responding to Abduction
Some simple steps may help to protect your children from parental abduction.
u
Make copies of your final divorce decree and Parenting Plan, and keep
them in a safe place for easy access.
u Provide a copy of the Parenting Plan to the child’s school, daycare, and
after school programs. Be sure to tell staff that the child is not to be picked
up by anyone but yourself.
u Provide a copy of the parenting plan to the U.S. DEPARTMENT OF STATE
to prevent or flag the issuance of passports for the children. If your exspouse or ex-partner is a citizen of another country, provide a copy of
the Parenting Plan to the embassy of that country.
u Make sure to have recent photos of the child on hand, along with cop­ies
of the child’s birth certificate and other important identifying documentation.
u Keep a list of current addresses and phone numbers of your ex-spouse’s
or ex-partner’s relatives and friends, including those who live in another
state or country.
If you have been awarded parental rights under the terms of a Parenting Plan,
and you suspect that your ex-spouse or ex-partner has abducted or may be attempting to abduct your child, you should take the following steps:
If your divorce or parenting case is still pending or has not yet been
filed, and the other parent leaves the state or country with the child:
Go to court for an ex parte order (emergency) to have the child re­
turned. You must show the court that the other parent is in violation of
an existing parenting plan or that the removal of the child will cause him/
her irreparable harm. If granted, the order is usually issued the same day
and is enforceable by police and federal officials.
If your divorce or parenting case has been finalized, and the other parent leaves the state or country with the child in violation of the terms of the
Parenting Plan:
u
u
Call the police at 9-1-1 to request they issue a warrant for the arrest of
the kidnapping parent.
87
u
Insist that the police file a missing person’s report and that it be posted
immediately on National Crime Information Center (NCIC) and Interpol
computers. Local police departments may tell you that they need to see a
final parenting plan before issuing a missing child report or that a waiting period is required. This is no longer true. The NATIONAL CHILD
SEARCH ASSISTANCE ACT requires law enforcement to immediately
enter a missing child report into the NCIC database.
u Contact the local FBI office at 617-742-5533. If the FBI tells you that you
first need a state warrant, point out that the 1993 INTERNATIONAL
PARENTAL KIDNAPPING CRIME ACT ended that requirement.
u Contact the NEW HAMPSHIRE ATTORNEY GENERAL’S OFFICE at
603-271-3658. Ask that the office request the local U.S. Attorney to
issue a federal Unauthorized Flight to Avoid Prosecution (UFAP) arrest
warrant. In addition, if this is an international abduction, request that the
U.S. Attorney’s Office revoke the passport of the kidnapping parent.
You will need to provide authorities with copies of your Parenting Plan, along
with recent photos of the child and current contact information of the kidnap­
ping parent’s family and friends.
Other resources available to you include:
THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN
AT 1-800-843-5678 OR 1-703-235-3900, www.missingkids.com. The
center maintains a missing children’s database and publishes a booklet
on preventing and re­sponding to abduction.
u THE STATE DEPARTMENT, OFFICE OF CHILDREN’S ISSUES at
202-736-7000. Request the Department’s booklet, “International Parental Child Abduction” outlining what you should do and what the
office can do for you if you are faced with this situation.
u
Supervised Visitation
In parenting cases where there is a reasonable and significant fear of abduction
or of physical or emotional abuse to the child, or a history of domestic violence,
the court may order supervised visitation. New Hampshire has a number of
visitation centers for families who need assistance with fully supervised onsite visits, semi-supervised on-site visits; and supervised exchange of children.
(See Resource Directory on page 134)
There is a cost for services, so be sure the court order includes specific infor­
mation about who will pay for the visits or exchanges.
Not all centers provide the same services, and not all centers can accommodate
non-English speaking persons. Call the center first to be sure it can accommodate the specific services you require.
88
v CHILD SUPPORT
Both married and unmarried parents are responsible for providing financial
support for their children. This is true even if the court has restricted a parent’s
parenting rights or if a parent is not able to see or have contact with his/her
children. When one parent has care of the children most of the time, or has the
responsibility of paying for most of the expenses for a child, or when there is a
significant difference in the two parents’ incomes, a parent will be ordered to
pay child support to the other parent. Child support is paid until children are
18 or end their high school education, whichever happens later.
If you cannot afford legal representation, you can apply for assistance to the
DIVISION OF CHILD SUPPORT SERVICES (DCSS) of the NH Department of
Health & Human Services, a state agency charged with locating absent parents,
determining paternity, estab­lishing and enforcing a child support order, and
collecting and distributing sup­port payments. Also, if you are receiving governmental benefits such as TANF or Medicaid, DCSS is required to seek child
support from the other parent. See the end of this section for more information
about how to apply for the services of DCSS, and see the RESOURCE DIRECTORY for a list of DCSS offices throughout New Hampshire.
NOTE: Under certain circumstances, a parent may have good cause not
to seek child support and may request that the Division of Child Support Services not pursue seeking a child support order. See below for
more information about good cause exceptions.
Child Support Guidelines
To determine how much child support one parent should pay to the other
parent, New Hampshire applies child support guidelines in all child support
cases, including divorce, paternity, and unmarried parents’ parenting cases.
The child support guidelines use a formula that takes into consideration the
number of minor children in the family and the parties’ incomes. The formula
is based on the adjusted gross income of both parents. Adjusted gross income
means gross (before tax) income from all sources minus court-ordered support
actually paid for other children, 50 percent of any self-employment tax paid,
the cost of medical insurance premiums paid for the children only, mandatory
retirement payments deducted from wages, state income taxes actually paid,
and day care expenses.
Gross income includes income from all sources, which must be reported to
the court (or DCSS) by each parent in a sworn financial affidavit. Either parent
may request verification of the other’s income through pay stubs, tax returns,
and other relevant documents. Overtime income is included unless it is occasional or seasonal, as are bonuses and commissions, interest and dividends,
disability payments, unemployment and workers’ compensation, and all other
forms of income.
89
The total support obligation is a percentage of both parents’ adjusted gross
income after standard withholding taxes are deducted. The number of children
de­termines the percentage. For one child, the percentage is 25%; for two children, 33%; for three children, 40%; and for four or more children, 45%. The total
child support obligation is then allocated between the parents in propor­tion
to their respective adjusted incomes. The paying parent pays his/her portion
to the other parent.
As part of determining what support must be paid for a child, the court also
must decide what health insurance is to be provided and how uninsured medical ex­penses are to be paid.
Visit the web site of the Division of Child Support Services
for forms and a child support calculator.
www.dhhs.state.nh.us/DHHS/DCSS
Although the amount of the child support order is presumed to be the figure
determined by the guideline formula, the court has the discretion to adjust the
child support amount if it finds there are special circumstances making the
guideline amount inappropriate or unjust. Reasons for adjustment include:
u
Extraordinary medical expenses;
Significantly high or low income of either parent;
u Equal or approximately equal parenting time for both parents;
u Extraordinary transportation costs for a parent when exercising parenting
rights; or
u The presence of step-parents, step-children, or children from another
relationship.
The parents themselves may agree to deviate from the guideline amount if
there are special circumstances, but the court must make a written finding that
the application of the guideline would be inappropriate or unjust. Note that
a parent receiving public assistance benefits cannot agree to deviate from the
guideline amount without the written consent of an attorney from the DIVISION OF CHILD SUPPORT SERVICES.
u
Changing a Child Support Order
The court may review and modify the amount of child support whenever either party experiences a significant change in financial circumstances, or after
the passage of three years from the date of the previous child support order.
Although the court may consider the needs of any additional children a parent may be required to support, the children in the initial family of the parent
paying support are entitled to a standard of living equal to that of the parent’s
subse­quent families.
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Enforcing a Child Support Order
Either parent can be ordered to pay child support. All parents who pay support
must notify the court, in writing, of any change of address within 15 days of
the change. Notification should be sent to the court that estab­lished the initial
order of support.
Income Assignment
All child support orders are subject to immediate income assignment, which
means that the designated amount of child support is withheld automatically
from the pay check of the person paying support and sent directly to the other
parent. The income assignment may be suspended if both parties agree, or if an
automatic direct deposit of support payments is established; or by court order
if the court determines that income assignment is not in the best interest of
the child. Income assignment may not be waived, however, if the children are
receiving public assistance.
Contempt of Court in Support Orders
In cases where child support payments are not being made even though the
payor has the ability to pay, the parent who is entitled to receive support can
file a petition for contempt with the court. Based on this contempt petition,
the court may do any or all of the following:
u
Require the parent to make payments immediately for all past-due
amounts, plus interest, or be jailed until support is paid;
u Impose an income assignment on the parent’s earnings;
u Order property to be sold so that child support obligations can be satisfied; and/or
u Order support payments to come directly through the DIVISION OF
CHILD Support Services.
If the court finds that a parent is in contempt, the parent who filed the petition can request that the court order the other parent to pay all costs and
attorney’s fees.
The Division Of Child Support Services
The NEW HAMPSHIRE DIVISION OF CHILD SUPPORT SERVICES (DCSS)
provides services to individuals who otherwise cannot afford legal representation in es­tablishing and enforcing child support. These services are available
whether or not the parent who owes support lives in New Hampshire.
If a parent is receiving public assistance, such as TANF (welfare), child support
services through DCSS are provided automatically. Any parent not receiving
public assis­tance may apply for services by filling out an application and forwarding it to the nearest DCSS district office. Applications may be picked up
at the local office or by calling 1-800-852-3345, ext. 4427.
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When child support orders are enforced by DCSS, the parent entitled to receive child support will need to provide DCSS as much information about the
other parent as possible, including the parent’s full name, nicknames, social
security number, date of birth, current and previous addresses, and current
and past employers.
DCSS has several ways in which to enforce an order, including but not
limited to:
u
Imposing an income assignment;
u Reporting delinquent support payers to credit bureaus;
u Intercepting IRS tax refunds, lottery winnings, financial institution ac­
counts; or
u Revoking occupational, professional, and other licenses. This includes
hunting and fishing licenses.
If the parent obligated to pay support lives in another state, the Division can
ask the other state to enforce New Hampshire orders using the same methods
available to collect support in state, through the use of the UNIFORM INTERSTATE FAMILY SUPPORT ACT. DCSS may take the parent who is obligated
to pay support to court for contempt and seek an order for that parent to pay
support immediately, or be jailed.
“Good Cause” in Domestic Violence Cases
If domestic abuse is or was part of your relationship with a parent ordered to
pay child support, the services provided by DCSS may be of significant benefit
to you. For example, you can ask the court to have support payments made
through DCSS. In order to minimize your contact with the abusive partner
and to prevent your address from being disclosed, you can request assistance
through the Family Violence Option.
If you are a victim of domestic violence and you are applying for public assistance, you should seek the protection that DCSS can provide if you fear that
pursuing child support may be dangerous to you and your children. When you
have good cause, you can request that DCSS not contact your abusive partner to collect child support. Without such good cause, DCSS will expect your
cooperation in establishing a child support order, and you will not be eligible
for public assistance benefits or Medicaid until you pro­vide the state with the
name and address of the non-support paying parent.
SEE LIST OF THE
OFFICES OF THE DIVISION OF CHILD SUPPORT SERVICES
IN THE RESOURCE DIRECTORY OF THIS HANDBOOK
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v DIVORCE
New Hampshire law provides three distinct options to couples seeking the help
of the courts to reorganize their families. These options are civil annulment,
legal separation, and divorce. There is no requirement that you be legally
separated prior to getting a divorce.
A civil annulment of a marriage is granted only under very limited and
specific circumstances. A marriage can be annulled if:
1. It was illegal to begin with, because the parties were close blood relatives;
2. One of the parties was too young, males under14, females under thirteen
13, and anyone under 18 with no parental approval;
3. One party has a reported case of gonorrhea or syphilis;
4. One party has lied to the other about something important to the marriage; or
5. One party is not divorced from a previous marriage.
The only difference between legal separation and divorce is that, at the end
of a divorce, the couple is no longer married and each party is free to remarry.
At the end of a legal separation, the couple is still legally married, but, as in a
divorce, they have divided between themselves, their assets, and their debts,
including real estate, bank accounts, and retirement accounts.
If one spouse starts a legal separation and the other spouse cross-files for
a divorce, the courts generally will grant the divorce. If a legal separation is
granted, it may be changed later to a divorce. A petition must be filed with the
court that granted the legal separation asking that it be changed to a divorce.
Legal Help In Divorce
There is no requirement that a lawyer must represent you in a divorce. HOWEVER, IN MOST SITUATIONS, PROCEEDING WITH A DIVORCE WITHOUT A LAWYER PRESENTS A SERIOUS RISK. You should seriously consider
getting legal advice from a knowledgeable lawyer if your divorce involves issues regarding domestic violence; parenting rights and responsibilities for your
children; support of yourself and/or your children; or real estate, retirement
plans, businesses, or other significant assets. If you are an immigrant unsure
of how the divorce will affect your status or the status of your children, you
should consult an attorney before proceeding. If an attorney will represent your
spouse in the divorce, you should obtain a different lawyer to represent you,
or at least to advise you.
IN ALL DIVORCE CASES, it is highly recommended that you meet
at least once with a lawyer to review your situation and to be sure that
nothing important is missed in the permanent stipulation of the divorce.
The Family Division courts maintain lists of attorneys who will provide
such consultations.
93
Court Costs & Legal Fees
The total cost of a divorce varies widely depending on how complex and con­
tested the divorce is. The court charges fees for filing petitions for divorce.
Lawyers charge fees for providing legal services. Other expenses also may be
incurred in your case (for example, paying for appraisals of property, for expert testimony and witnesses, for Guardians ad litem, for the Child Impact
Seminar).
Each person usually pays for his or her own lawyer in a divorce, although
there are exceptions if one spouse has enough money to pay and the other
does not.
If one spouse is found by the Court to be in contempt of an existing court
order, then the Court will award attorney’s fees to the spouse who brought
the contempt motion to the extent that they paid to enforce the terms of the
order.
More detailed information about the fees and costs associated with a court
case as well as how to find and hire a lawyer is available in the RESOURCE
DIRECTORY at the back of this Handbook. The RESOURCE DIRECTORY also
provides a com­prehensive listing of legal services in New Hampshire.
Pro Se Divorce
In an uncontested divorce, where there are no or only minor issues relating
to assets and/or debts, you can represent yourself. This is called being pro se
(representing yourself without a lawyer). You should obtain a Pro Se Handbook
at your local library, through the NEW HAMPSHIRE BAR ASSOCIATION or
at your lo­cal Family Division court (see RESOURCE DIRECTORY for contact
information for the New Hampshire Bar Association and for a listing of New
Hampshire Family Division courts). There is a charge for the Pro Se Handbook.
The New Hampshire Court website also has all divorce forms available. Go to
www.courts.state.nh.us/.
The Pro Se Handbook includes the following checklist to determine the
suitability of your situation to filing without a lawyer. If you answer “yes”
to even one of the following questions, you should consult a lawyer before
proceed­ing further.
Before Filing for Divorce:
Do you and your spouse have minor children and disagree on any child
issues?
Does your spouse hit, kick, or punch you or your children?
Does your spouse threaten to hit, kick or punch you or your children?
Are you afraid of your spouse?
Does your spouse drink excessively or take drugs?
94
Before the Divorce is Final:
Are there disputed health insurance coverage issues affecting you, your
spouse, or your children?
If your spouse is in the military, do you disagree on any issues relating
to the divorce?
Do you or your spouse have any of the following?
Home or other real estate
A retirement plan (such as a 401K, IRA, or pension plan)
Stocks or other significant investments
Your own business
Family trusts or inherited wealth
Do you or your spouse need alimony (spousal support)?
If you answered “yes” to any of these questions, or if there are other difficult
factors associated with your marriage, you should consult an attorney to protect
your legal rights. Remember, some of the terms of the final divorce order cannot
be changed at a later time. You should not make hasty decisions regarding the
terms of your divorce, or feel pressured to make any decisions you are uncom­
fortable with, as the outcome of your divorce case will affect the lives of you
and your children for years to come.
Remember, IN ALL DIVORCE CASES, even those that are pro se, it is highly
recommended that you meet with a lawyer at least once to review your situation and to be sure nothing important is missed.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) refers to various methods that are
available as alternatives to going to court and having a judge decide the issues
for you. The methods include mediation, neutral evaluation, and collaborative
law. These ADR programs are available to help divorcing couples arrive at a
settlement of issues relating to parenting rights and responsibilities, child
support, alimony, and property division. Ideally, with ADR, the couple can
come to an agreement without having to take their case to trial. ADR programs use coopera­tive rather than adversarial techniques to resolve disputes.
Therefore, they are appropriate and successful only when both parties are
equally cooperative.
In the Family Division courts, a judge will order parties to participate in mediation for at least for one session to try to resolve parenting conflicts before a
case will be scheduled for any further hearings. You still should hire your own
lawyer to help you with your divorce even if you and the other party decide to
participate in ADR because you need to get independent legal advice. A mediator cannot give you legal advice or help you decide what is best for you. ADR is
not a substitute for getting legal advice from your own lawyer.
95
NOTE: Under certain circumstances, alternative dispute resolution is
not appropriate. The court may not order it, and parties should be cautious about participating in it, if there has been a history of domestic
violence, serious psychological or emotional abuse, child abuse, alcoholism, or drug abuse. If you feel that alternative dispute resolution is not
appropriate in your case, be sure to notify the judge of your concerns.
What follows are ADR options available to New Hampshire couples:
Marital Mediation
Marital mediation is an option for divorcing couples who wish to settle their
dis­putes outside of the court. In mediation, a trained third party mediator assists couples in arriving at a fair settlement. The mediator is not on anyone’s
side and does not make any decisions. Instead, the mediator helps the parties
to reach their own agreement. Remember that a mediator cannot give you legal
advice or tell you whether an agreement is fair and reasonable for you.
Mediators usually charge an hourly fee, and many offer a sliding scale. The
par­ties usually share the cost of mediation unless one person has much more
money than the other. The total cost of mediation will depend on how much
time is spent with the mediator. A current list of all New Hampshire-certified
marital mediators is available in each court. The same information is available
from the MARITAL MEDIATION CERTIFICATION BOARD, www.state.nh.us/
marital/index.htm or 603-271-6593.
Marital Neutral Evaluation
The FAMILY DIVISION oversees the Marital Neutral Evaluation Program. Specially trained attorneys are approved by the court to act as Neutral Evaluators
at the request of divorcing parties. The Evaluator assists couples in resolving
disputed issues and can provide a professional, impartial opinion on what the
likely outcome of an unresolved issue may be, given the strengths and weakness of the case. Like a mediator, a neutral evaluator is not on either party’s
side and cannot give either party legal advice. Conversations that occur during the Neutral Evaluation are confidential and cannot be held against either
party if the case goes to trial. Attorneys work as volunteers, and there is no
charge for the program. For more in­formation, contact the SUPERIOR COURT
or FAMILY DIVISION in your area (see RESOURCE DIRECTORY for a listing
of New Hampshire courts) or visit the New Hampshire court website, http://
www.courts.state.nh.us/fdpp/fdpp/div_parent_neutral_eval.htm.
Collaborative Law
Although not supervised by the courts, collaborative law is an ADR method in
which both parties and their lawyers agree from the outset to resolve disputes
without going to court. Each party is represented by an attorney, and negotiations are held in a series of four way meetings (the two parties and their lawyers)
to work out whatever issues are in­volved in the divorce. If the collaborative
96
process fails because one party decides to go to court and let a judge make the
decisions, both parties must find new lawyers, as collaborative law attor­neys
are not permitted to handle the litigation in their collaborative cases. Not all
lawyers practice collaborative law, and both parties must hire their own lawyer
trained in collaborative law for the process to happen. For more information,
contact the COLLABORATIVE LAW ALLIANCE OF NEW HAMPSHIRE at P.O.
Box 2161, Concord, 03302. For more information and a listing of collaborative
lawyers in New Hampshire, visit www.collaborativelawnh.org.
The Divorce Process
BASICS
If both spouses are residents of New Hampshire, either spouse can file for
divorce at any time. If only one spouse lives in New Hampshire, that individual
must have lived here for at least one year before filing for divorce, unless the
non-resident spouse is served with the Petition for Divorce while physically
present in New Hampshire. An individual who is not a resident of New Hampshire cannot initiate a divorce in New Hampshire.
In most counties and by 2009 in all counties, you will file for divorce in the
FAM­ILY DIVISION (see RESOURCE DIRECTORY for a complete listing). (In
Hillsborough and Cheshire Counties, the Superior Court will have jurisdiction
of divorces until the end of 2009, at which time they are expected to also have
Family Division courts.)
Once the divorce is filed, either spouse can move from New Hampshire without
affecting the jurisdiction New Hampshire has over the divorce. This means
that if either spouse moves out of New Hampshire the divorce case still will
proceed and can be heard by the court where he or she formerly lived. Even if
both spouses move away from New Hampshire before the divorce is final, the
divorce still can proceed to the end in the New Hampshire court.
IMMIGRATION STATUS: If your spouse has filed for divorce, or if you
are thinking about filing for divorce, and you have questions about your
immigration status and how it will be affected by the divorce, you should
contact an immigration expert for advice. You should do this before signing any papers related to the divorce. For more information, contact the
International Institute of New Hampshire at 603-647-1500 (also see Resource Directory).
Filing the Petition
The first step to begin a divorce proceeding is to file a document called a
Petition for Divorce in the appropriate court. There is usually no advantage
to being the spouse who files the divorce first. The divorce process is designed
to give both parties a fair chance to present their positions and arguments to
the judge.
97
It is possible for couples who agree that they want to get divorced to file a joint
petition for divorce, which eliminates the need for serving papers through the
sheriff (as described below). If the parties file a joint petition for divorce, the
petition is filed in the Family Division court where at least one of the parties
resides. In that case, no further service or notice is required.
A fee is charged when a divorce petition is filed. Upon receipt of a Petition for
Divorce from an individual (who is referred to as the petitioner), the court
clerk dockets the petition and opens a court file. The court will provide written
instructions to the petitioner about how the other party (who is referred to as
the respondent) is to be notified of the divorce. The notification papers are
called Orders of Notice. The divorce cannot proceed until the respondent is
officially notified in writing in accordance with court rules and procedures. If
you do not know the respondent’s whereabouts, be sure to let the clerk know
this and you will be told of alternative forms of service.
A typical notification procedure involves the court mailing a notice to the
respondent, informing him or her that a divorce has been filed, and enclosing
forms and instructions about the necessary steps to take. The respondent or
the respondent’s attorney has ten days to go to the court clerk’s office to pick
up an official copy of the divorce petition. This process eliminates the need to
have a sheriff serve papers to the respondent.
If the respondent fails to pick up the papers within the ten day time period,
the clerk’s office will send the petitioner instructions (Orders of Notice) on
how to complete service through the sheriff. The sheriff’s office may deliver
the divorce papers to the respondent’s home, or the respondent may pick up
the papers at the sheriff’s office. The petitioner must pay a small fee for service
through the sheriff’s office.
A divorce can remain on file with the court for a period of up to two years
without any further court action. After two years, if no other documents are
filed and no hearings are held, the court will dismiss the petition without granting a divorce.
In certain emergency circumstances, it may be necessary to request an ex parte
(meaning one-sided) order from the court. Such orders will be granted only if the
court determines, after review of the requesting party’s sworn affidavit, that
immediate and irreparable injury, loss or damage has occurred or is about to occur to the requesting party, the children of the requesting party, or the property
of the requesting party before the adverse party or attorney can be heard in
oppo­sition to the order.
Protective Orders
If your marriage is abusive, you can request that a restraining order be part
of the temporary and final divorce orders. However, it is often in your best interest to seek immediate or emergency protection under a domestic violence
protective order. Domestic violence protective orders offer more protection
98
and are enforced more easily than restraining orders obtained through a divorce.
For ex­ample, a domestic violence protective order can include the relinquishment
of firearms and other weapons. See CHAPTER 5, “DOMESTIC VIOLENCE,”
for more information on the protections offered and steps to take in obtaining
a domes­tic violence protective order.
If you file for a divorce BEFORE filing for a domestic violence protective order,
file the order in the same court where the divorce has been filed. If you file for
a divorce AFTER filing for a domestic violence protective order, you must ask
that the order be transferred to the court where the divorce will be filed.
First Appearance
Typically, the first court appearance for parties with minor children is called
the First Appearance, which is generally scheduled within several weeks following the filing of the Petition for Divorce. The parties are notified of this First
Appearance in writing, in the court papers that are sent out with the Orders
of Notice. Both parties must attend the First Appearance. Failure to attend
may result in delay or in the loss of certain rights. The purpose of the First Appearance is for the court to give general information about the divorce process,
to assign a case manager to each couple, and to refer parties to mediation to
assist them in developing a parenting plan. The case manager will schedule a
mediation session with the couple at the First Appearance.
Temporary Court Orders
It can take a year or more for a divorce to become final. Divorcing couples may
want to have temporary court orders in place during this time. Parties may be
able to come to an agreement over the terms of temporary orders, eliminating
the need for a hearing. Such an agreement is called a Temporary Stipulation.
If the parties are unable to come to an agreement, either party may request a
temporary hearing. Within 30 to 60 days of the request, the court will hold a
hearing and make temporary orders regarding such issues as parenting rights
and responsibilities, child support, alimony, use of vehicles, possession of
real es­tate, and responsibility for paying bills. Temporary orders are enforceable court orders and will remain in effect until the final divorce orders replace
them. A party can request a temporary hearing at the time the divorce is filed
or at any time until the divorce is final.
Child Impact Seminar
All parties who have children under the age of 18 are required to at­tend a
four-hour seminar given in each county on the impact of divorce on children.
The program provides information on the changes divorce will bring to a child’s
life, and the proper ways for parents to cope with these changes. There is a fee
for the program, but a family that cannot afford the fee may have it lowered or
waived. The parties do not need to attend this seminar together. In­formation
about the seminar is provided by the court clerk’s office at the time the Orders
of Notice are sent out.
99
Discovery & Settlement
After the divorce is filed, the parties must exchange financial information
and other documentation. If one spouse is not willing to provide financial or
other information that the other spouse is entitled to know, the law provides
for discovery procedures, which can force the unwilling spouse to provide the
necessary information and documentation.
NOTE: Your immigration status will not be considered relevant by the
judge in a divorce case. If your spouse requests information about your
immigration status during the discovery process, you may not have
to comply. You immediately should inform your lawyer of such a request.
When both parties have all the information needed, they attempt to come to a
final settlement. This can be done through the parties’ lawyers, or by using one
of the ADR methods described above. The entire agreement, called a permanent
stipulation, then must be written out in a court-specified format and signed
by both parties and their lawyers, if involved. The permanent stipulation then
is submitted to the court for approval, and when approved, becomes the final
divorce decree, or order.
When the parties are able to sign a permanent stipulation, the law does not
require a hearing if both parties waive attendance. The divorce is effective immediately upon approval by the court. The vast majority of divorces in New
Hampshire are completed in this way.
In cases where the parties cannot come to an agreement on all the issues, the
court will schedule a contested divorce trial. The court often will hold a pre­trial
conference, at which the court will request from each party a list of what issues
have not been resolved by agreement, what witnesses will be called, and what
amount of time will be needed for the trial. At the time of the trial, the judge or
marital master listens to the position of each party and the reasons why they
are taking their position, including the history of the marriage, the parties’ current living and financial circumstances, and the needs and desires of both parties.
Several weeks after the trial, the court will issue a decision. The decision be­comes
final 30 days after the date of the order. This 30-day period allows time for either
party to file an appeal with the New Hampshire Supreme Court.
No-Fault And Fault Divorce
In the 1970s, “irreconcilable differences” was introduced as a no-fault ground
for divorce. Today, the vast majority of all divorces in New Hampshire are granted
on no-fault grounds. No-fault grounds require little testimony or proof, and the
divorce often is less hostile, less expensive, and faster to obtain.
New Hampshire law provides for nine fault grounds, the most common of
which are adultery (having sexual relations with someone other than one’s
spouse while married), extreme cruelty, and treatment that endangers health
or reason.
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Fault grounds must be considered by the court when deciding issues relating
to alimony or the division of assets and debts between the parties. In families
where there are no assets, little income for alimony, and no immigration issues,
filing for fault grounds serves no practical purpose. If the no-fault ground of ir­
reconcilable differences is used, the court still will consider all of the arguments
a party may make (other than fault) to justify an award of alimony or an unequal
division of property. Violence and abusive behavior in the family will always be
considered when addressing issues relating to children and parenting.
Alimony
New Hampshire law recognizes alimony. That is, it recognizes that one spouse
may need financial support from the other spouse in addition to child support.
Alimony, or financial support for a spouse, can be ordered for a specified number of years (there is no legal maximum or minimum period) or indefinitely.
Alimony can help a spouse obtain a better job or an education. It is not necessary
to have children from the marriage for a spouse to qualify for alimony.
To determine if court-ordered alimony is necessary, the two most important
factors to be considered by the court are:
(1) The need of the spouse seeking alimony; and (2) the ability of the other
spouse to pay alimony after meeting his or her own reasonable needs. Alimony
is determined on a case-by-case basis. The law requires the court to consider a
number of different factors such as the length of the marriage, the differences
in the parties’ income and assets, the incomes and financial resources of both
parties, the needs of a homemaker or parent to maintain the home for children,
fault grounds for the divorce, and tax consequences to the parties.
An alimony order can be made at the time of the divorce, in either or both
the temporary order and the final order. It also can be made after the divorce is
over, but the motion to the court for alimony payments must be made within
five years of the divorce. If the court orders permanent alimony for a specific
duration of time, the order may be extended if the petition to renew or extend
alimony is filed within five years of the termination date of the permanent
alimony order. Alimony automatically ends upon either party’s death. It also
may end when the recipient remarries.
IRS regulations state that alimony is taxable as income to the recipient on a
tax return and is deductible from income by the party paying alimony. Child
support, by contrast, is considered non-taxable.
Health Insurance
In addition to alimony, a spouse who has carried employer-provided health
insurance coverage during a marriage for the other spouse may be required by
court order to con­tinue to carry that coverage for the former spouse even after
the divorce. New Hampshire state law (RSA 415:18) requires health insurance
companies in New Hampshire to make coverage available at no additional cost
for up to three years following divorce to the former spouse of an employee.
101
Basically, the former spouse may stay on the family plan just as though the
parties were still married. Remarriage of either party will cause this extended
benefit to end. This can be of great benefit to a newly divorced spouse who
does not have health insurance benefits otherwise available.
The federal COBRA law also requires most health insurance companies to
make coverage available to a former spouse of an employee for an additional
three years. However, with COBRA coverage, the employer will require that
an additional premium be paid, but the cost will be at a favorable group rate.
The three-year COBRA coverage can be added on after the three-year period
of coverage required by state law has ended.
Property Division
Generally speaking, the goal at the time of divorce is to fairly divide all of the
parties’ assets (including real estate, personal property, savings, investments
and retire­ment plans) and debts.
NOTE: While in the process of divorce, you are obligated to leave your
spouse’s things alone. Do not pack up, throw out, or destroy this property. Let the other party pack up his or her own belongings and remove
them from the home. If necessary, ask for a police escort during the
process.
The division of property requires the parties to take several steps. First, the
marital estate must be identified. The marital estate includes everything — assets as well as debts — that both of the parties own. It may not matter who owns
the asset or who incurred the debt. Both of the parties are obligated to disclose all
assets and debts. Each item in the marital estate then must be valued, in­cluding
but not limited to the following:
uReal
estate
uBusiness interests
uRetirement accounts and pensions
uBalances on mortgages and loans
uPersonal property (such as cars, furniture and furnishings).
Sometimes, an expert appraisal will be necessary to determine the true values
of any of the above.
The final step of this part of the divorce is to divide the property equitably,
or fairly, between the spouses. “Equitable” does not necessarily mean equal.
The law says that there will be a presumption that an equal division is fair.
However, New Hampshire law lists over 15 different factors that can be taken
into consideration to justify varying from an equal, 50/50 division.
These factors include:
uDifferences
in income and ability to acquire income and assets in the
future;
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uThe needs of the parent with residential responsibility to maintain a home
for the children;
uThe relative contributions of the parties to the marital estate (including
contributions to homemaking and raising children);
uThe receipt of inheritances or gifts during the marriage;
uThe value of property owned prior to the marriage and brought into the
marriage; and
uThe fault of one of the parties that caused the breakdown of the marriage.
The home can be one of the most difficult assets to divide. It ultimately may
be placed on the market and sold. However, when there are minor children in
the family and there are sufficient financial resources, the courts may be supportive of having the spouse with residential responsibility maintain the house
after the divorce as a home for the children until they are out of school.
NOTE: It is important to get competent legal advice about all available
options of ownership, division of the value of a home, and responsibility
for any mortgages and equity credit lines before the divorce proceedings are finalized.
Debt and Bankruptcy
Debt incurred during a marriage by either party may be considered the joint
responsibility of both parties. Such debt can include credit cards, auto loans,
tax liability (IRS), and home equity lines of credit. For example, credit card debt
may be considered jointly owed, even if the card was issued to and used by only
one party. This is particularly true when the debt was incurred for the benefit
of the couple and/or the family.
NOTE: Creditors are not bound by divorce decrees and can and will pursue either party for payment of jointly-owed debt, regardless of whom
the court order holds responsible for the debt after the divorce.
If your spouse receives a discharge in bankruptcy after the divorce, creditors
for any debt that was owed jointly still may hold you responsible. It may be
advisable for both parties to file a joint petition for bankruptcy and re­ceive a
discharge of debt. The decision to declare bankruptcy is a complicated one, so
you should always obtain your own legal advice before making any decisions.
Retirement
All types of retirement plans that are earned during a marriage, including pen­
sion plans, 401(k) and Keough plans, profit sharing plans, thrift savings plans,
Individual Retirement Accounts (IRAs), and any other kind of tax-deferred plans
or accounts, are part of the marital estate to be divided between the parties.
Both the employee’s contributions and the employer’s contributions into the
plan during the marriage are included in the division.
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To receive your share of your spouse’s pension or retirement plan, you may
need to obtain a separate court order called a Qualified Domestic Relations
Order (often referred to as a QDRO – pronounced “quadrow”). Before the
divorce is finalized, you or your attorney must obtain from the administrator of the plan its requirements for a QDRO. You then will have the QDRO
prepared and approved, preferably at the time of the final divorce hearing. A
certified copy of the QDRO is sent to the plan administrator, who must follow
the terms of the order. Every retirement plan is different, and QDRO’s can be
very complicated. Be sure that your case is not closed until you know the QDRO
is properly in place.
Other Considerations In Divorce
Name Change
You can return to your former (maiden) name at no cost when the divorce is
final. You can ask the court to make the change. If you decide to change your
name later or even change your name to something completely different, you
may file a request for a change of name with the PROBATE COURT in the county
where you live. There is a fee to make the change after the divorce is final.
104
CHAPTER 7. CRIMINAL LAW
A criminal case is a court action brought by the state against a person who
has been charged with committing a crime, such as violations of a protective
order or sexual assault. If there is enough evidence, the state may prosecute
the case. The state is represented by the local police, the county attorney’s office, or the NH Attorney General’s office, depending on the seriousness of the
crime. This is done at no cost to the victim. If the court finds the defendant
guilty, a punishment (or sentence) will be issued. The sentence depends upon
the defendant’s criminal record as well as the severity of injuries to the victim.
Sentences do not always include jail time, but a criminal action is part of the
defendant’s criminal record.
New Hampshire also has a hate crime law (RSA 651:6), which may enhance
or upgrade a sentence if the court finds that the defendant was motivated to
commit the crime because of hostility toward the victim’s religion, race, sexual
orientation, national origin or sex.
If you are an immigrant, you are entitled to many of the same legal rights
as U.S. citizens in criminal proceedings. Further, if you are not married to a
U.S. citizen or legal permanent resident, but you have been a victim of a crime
and you assist in the prosecution, you may be able to apply for a U Visa. However, it is highly recom­mended that you consult with an immigration expert
before submitting a U Visa application. For immigration advice, contact the
INTERNATIONAL INSTITUTE OF NEW HAMPSHIRE at 603-647-1500
(See RESOURCE DIRECTORY for more information).
If you are a victim of domestic violence, sexual assault, or stalking, please
see CHAPTER 5 of the Handbook for information on how these cases proceed
through the courts.
Crimes are classified as either misdemeanors (crimes punishable by one
year or less in jail or fines under $2,000) or felonies (crimes punishable by
more than one year in jail or fines higher than $2,000). A member of the police
force or a lawyer representing the city or town prosecutes misdemeanor cases
in DIS­TRICT COURT. The County Attorney’s office prosecutes felony cases
in SUPERIOR COURT.
v VICTIM SUPPORT IN THE CRIMINAL JUSTICE SYSTEM
Anyone can be a victim of a crime – adult women and men, teenagers, children,
people who are mentally or physically disabled, and the elderly, regardless of
race, nation of origin, sexual orientation or economic status. Resources may be
available if you are the victim of a crime in New Hampshire.
New Hampshire Crime Victims’ Rights
A victim of a felony crime in New Hampshire, is entitled to certain rights
under the NEW HAMPSHIRE CRIME VICTIM’S BILL OF RIGHTS (RSA
21-M:8-K).
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According to state law, victims have the right to:
1. Be treated with fairness and with respect for their dignity and privacy
through­out the criminal justice process;
2. Be informed about the criminal justice process and its progress;
3. Be free from intimidation and be reasonably protected from the accused
throughout the criminal justice process;
4. Be notified of all court proceedings;
5. Attend all trials and other court proceedings the accused has the right to
attend;
6. Confer with the prosecution and be consulted about the disposition of
the case, including plea bargaining;
7. Have inconveniences associated with participation in the criminal justice
process minimized;
8. Be notified if presence in court is not required;
9. Be informed about available resources, financial assistance, and social
services;
10. Be given restitution under RSA 651:62-67 or any other applicable state
law, or victim’s compensation, under RSA 21-M:8-h or any other applicable state law, for losses;
11. Be provided with a secure, but not necessarily separate, waiting area during court proceedings;
12. Be advised of the progress of the case and the final disposition;
13. Have home address, place of employment, and other personal information
kept confidential;
14. Have property promptly returned once it is no longer needed as evidence;
15. Have input in the probation pre-sentence report;
16. Appear and make a written or oral victim impact statement at the
sentence hearing of the defendant;
17. Be notified of the date and time of an appeal, have the appeal process
clearly explained, attend the appeal hearing, and be told the result of the
appeal;
18. Be notified of and allowed to attend sentence review hearings and sentence
reduction hearings;
19. Be notified of any change of status such as prison release, permanent
transfer from one area of the state to another, or escape and the date of
the parole board hear­ing. This right must be requested in writing by the
victim or through a victim/ witness advocate; and
20. Address or submit a written statement for consideration by the parole
board on the defendant’s release and be notified of the decision of the
board. This right must be requested in writing by the victim or through
a victim/witness advocate.
106
Victim/Witness Advocates
If your case goes to the County Attorney’s office for prosecution, a Victim/
Witness Advocate will be assigned to you. Victim/Witness Advocates work as
part of the prosecutor’s office to assist victims in securing their rights under the
NEW HAMPSHIRE CRIME VICTIM’S BILL OF RIGHTS. It is very important
to keep your victim/witness advocate updated if your address, phone number,
or other contact information changes
See Resource Directory for list of:
New Hampshire Victim/Witness Assistance Programs
New Hampshire Victims’ Compensation Program
Victims and survivors of a violent crime in New Hampshire may apply for
compensation from the NEW HAMPSHIRE VICTIMS’ ASSISTANCE COMMISSION. Victims may request up to $10,000.00 in compensation for hospital
and medical expenses, funeral costs, loss of wages, other out-of-pocket expenses,
or mental health therapy costs. In order to qualify, the victim must have no other
form of third party payment (for example, medical insurance or life insurance).
Property losses are not covered.
You may be eligible for compensation if:
1. The crime resulted in personal injury or death, or you were the victim of
sexual abuse or stalking and under 18 at the time the claim was filed.
2. You or your loved ones did not contribute in any way to the personal
injury or death;
3. Your compensable expenses are more than $100;
4. A claim for compensation was filed within one year of the crime, unless
circumstances beyond your control kept you from doing so.
For more information, or to request an application, contact the NEW HAMPSHIRE VICTIM’S ASSISTANCE COMMISSION at the DEPARTMENT OF
JUSTICE at 800-300-4500 or 603-271-1284.
The program also will cover up to ten days of imminent survival needs and relocation expenses for individuals fleeing sexual or domestic violence or stalking.
These payments MUST be arranged through a local crisis center. See the Resource
Directory at the back of this Handbook for the crisis center in your area.
v ADDRESS CONFIDENTIALITY PROGRAM
Frequently, victims attempting to escape from dangerous situations often must
move and establish new addresses in order to prevent their assailant from locating them. Unfortunately, victims can be tracked as a result of their address being
part of a public record. The New Hampshire Address Confidentiality Program
107
(ACP) located in the Attorney General’s Office, was designed to assist victims
of stalking, domestic violence, or sexual assault to maintain the secrecy of their
home, work or school address. For more information on the New Hampshire
Confidentiality Program see Chapter 5 of this handbook, page 76.
v YOUR RIGHTS AND LAW ENFORCEMENT OFFICERS
If you are accused of a crime, arrested, or asked to go to the police station by
a police officer, remember the four rules outlined below.
1. Do not resist arrest, even if you think you have done nothing wrong. Resisting arrest is against the law and may lead to additional charges against
you. Never run from an officer or other government agent. Even if you feel
your legal rights are being denied, do not cause a confrontation that could
be understood as resisting arrest.
By law, the police may detain you without arresting you. For example, the
po­lice may stop you on the street to question you if they have reasonable
suspicion of a crime. While you are being detained, the police are entitled to
pat down the outside of your clothes, or “frisk” you if they have a reasonable
basis to believe you may have a dangerous weapon. If the police search you
further, do not resist. At this point, the officer may let you go or may put
you under arrest. An arrest occurs when the officer takes you into custody
or otherwise deprives you of your freedom. Never resist arrest or interfere
with the arrest of another person.
2. You do not have to answer any questions, except to give your name and
address. You do not have to make or sign any statements. The fact that you
refuse to answer questions cannot be used against you in court. Only a judge
has the legal authority to order you to answer any questions.
3. You have the right to a lawyer. Request a lawyer immediately after be­ing
placed under arrest. Once you ask for a lawyer, the police cannot ask you
any further questions until your legal counsel arrives. If you cannot afford
a lawyer, the court will appoint one to represent you. You have the right to
make a phone call. You also have the right to privacy during this phone call.
If you do not have the phone number of a lawyer, call a person you can trust
to find you a lawyer. (See the RESOURCE DIRECTORY for information on
legal services in New Hampshire).
4. You do not have to consent to a search of your home or car. A warrant
is an order issued by a judge, magistrate or justice of the peace direct­ing the
police to arrest a certain individual or to search a particular place. If a police
officer wants to search your home, ask to see the search warrant. Read the
warrant to be sure that the police are at the correct address.
A police officer may search you, your home, or your property without a warrant if you consent to the search. You have the right to refuse to consent,
but the officer is not obligated to inform you of this right.
108
If you are arrested in your car, the officer may conduct, under certain circum­
stances, a limited search of your car without a search warrant. If you have
not been arrested and an officer wants to search your car, tell the officer if
you do not consent to the search.
It is important to know that a person in your house, such as a guest, can
legally consent to a search of your house if the police believe that person has
the authority to give consent. Also, an employer can consent to a search of
your office without your permission.
If the officer has a search warrant, do not try to physically interfere with the
search because you likely will get arrested. If you tell the officer that you do
not consent to a search, the search should be limited to only those specific
areas authorized in the warrant.
Documented and undocumented immigrants have many of the same legal
rights as U.S. citizens. Follow the four rules above if you are arrested or otherwise detained by a government agent. You have the right not to answer questions
asked by a police officer or government agent on the street, in your home, at
your place of employment, or in a police station. If the police ask about your
immigration sta­tus or where you were born, you have the right not to answer.
You have the right to legal representation while being questioned by and before
making any statements to the police. You do not have to sign any documents
without having a lawyer present.
If you do not speak English, you have the right to an interpreter so that you
fully understand the police officer and that the police officer fully understands
you. Do not rely on a member of your family to interpret for you. It is the
responsibil­ity of the law enforcement agent to provide an interpreter for you.
What Are Miranda Rights?
Once you are under arrest, or in the presence of the police and not free to
leave, the police must tell you about your Miranda rights before they can question you further. These rights are:
u
The right to remain silent;
u The warning that anything you say can and will be used against you in
court;
u The right to have an attorney; and,
u The right to have an attorney present before any questioning.
If police fail to follow the Miranda requirements, any information you give
them may be inadmissible in court. However, failure to give Miranda warnings
does not automatically make your arrest illegal or require that the charges
against you be dismissed. Therefore, it is best to talk to an attorney before
making any statements to law enforcement officials.
For more information, contact the NEW HAMPSHIRE BAR ASSOCIATION
at 603-224-6942 to request the pamphlet, “You Are Under Arrest: Do You
Know Your Rights?”
109
Police Misconduct
Whenever a law enforcement officer stops you, you first should make sure
the individual is an official agent by requesting to see a badge or identification
card. Write down the officer’s name and badge number.
Law enforcement officials may not discriminate because of national origin,
race, color, religion, or gender. The EQUAL PROTECTION CLAUSE of the
United States Con­stitution, the OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT of 1968, and Title VI of the CIVIL RIGHTS ACT OF 1964
specifically prohibit such action by any police department receiving federal
funds through the U.S. DEPARTMENT OF JUSTICE.
If you are injured by a police officer, see a doctor and get photographs of the
injuries as soon as possible. Record, document and describe any case of police
misconduct in a typewritten statement and have your summary of the incident
notarized within 72 hours.
Police misconduct complaints can be filed through several avenues in the
OFFICE FOR CIVIL RIGHTS, U.S. DEPARTMENT OF JUSTICE:
TITLE VI INFORMATION LINE
P.O. Box 66560
Washington, D.C. 20035-6560
1-888-848-5306
OFFICE OF JUSTICE PROGRAMS
Washington, D.C. 20531
1-202-307-0690
SPECIAL LITIGATION SECTION
P.O. Box 66400
Washington, D.C. 20035-6400
1-202-514-6255
110
CHAPTER 8. GLOSSARY
v GLOSSARY OF TERMS
540-A Petition – a petition to be filed with the court if your landlord is doing
something illegal and you want him or her to stop.
Adjusted Gross Income (RSA 458-C) – The income used to determine child
support according to the guidelines; the total monthly before-tax income minus
certain specified deductions such as mandatory retirement contributions, state
income taxes, and child support paid for other children, etc.
Affidavit – a written declaration signed before an authorized official under
the penalties of perjury.
Aggravated Felonious Sexual Assault (RSA 632-A:2) – sexual penetration,
however slight, into any opening (vagina, mouth or anus) against a person’s will
(with-out consent).
Alimony (RSA 458:19) – payment of financial support from one spouse to
another.
Alternative Dispute Resolution (ADR) – refers to various methods that are
available as alternatives to going to court and having a judge decide the issues.
The methods include mediation, neutral evaluation, and collaborative law.
Annulment (RSA 458:1) – a court process establishing that a marriage never
legally existed. This differs from a divorce in that a divorce terminates a legal
marriage.
Appeal – A written request to a higher court to modify or reverse the judgment of a trial court.
Appearance – a court form used by any person to notify the court and other
parties of one’s interest in a court case; an appearance must be filed in order
to participate in a court case and receive notifications regarding the case from
the court and opposing parties. Usually an appearance must be filed with the
court before a “return date”, or deadline, set by the court or by the person filing the court action.
Arraignment – a court hearing when the accused is brought before a judge to
plead to a criminal charge. He or she may plead “guilty” or “not guilty”.
Asset – property that is owned, including: real estate, bank accounts, savings,
personal property (including furniture and furnishings), business interests,
vehicles, and retirement accounts.
Asylee – a person physically present in the United States who is unable or
unwilling to return to their country of nationality because of persecution or
a well-founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion (e.g. a person who
obtains their refugee status in the United States).
111
Bail Conditions – rules that a person who has been released on bail must
follow. If these conditions are not met, bail will be revoked.
Bail Order – an order directed to a person who has been placed under arrest
for a crime, requiring him or her to pay a monetary amount to ensure he or
she appears in court.
Bankruptcy – a formal process whereby debts owed are administered and may
be reduced or eliminated by a bankruptcy court.
Bona Fide Occupational Qualification (BFOQ) – necessary requirement
for employment.
Certified – to have a signature on a document witnessed by a notary public or
justice of the peace, or authenticated with a stamped signature by a court.
Child Abuse – the physical, emotional, or sexual mistreatment of children.
Child Impact Seminar – A mandatory four-hour class for all parents going
through a divorce or parenting dispute. The classes are to help teach parents
how to minimize the negative effects on children of the break-up of their parents’ relationship.
Child Support – The entitlement of all children to be supported by their parents until the children reach the age of majority (18) or graduate from high
school.
Child Support Guidelines – a formula used by the court to determine the
amount of child support the parent without residential responsibility should
pay to the other parent.
Civil Annulment – see Annulment.
Class B Felony – a crime punishable with three and a half to seven years in
state prison.
Closed Session – a hearing which no one is allowed to attend except for the
grand jury. The grand jury hears the evidence presented by the County Attorney’s
office against the defendant. The defendant is usually not present.
COBRA Law (NH equivalent law: RSA 415:18 VII) – a federal law which
requires companies to allow former employees to remain on the company’s
insurance for up to 18 months, during which time the employee pays 100%
of the insurance premium. In case of a Social Security designated disability,
coverage may be extended to 29 months. For a spouse following a divorce, the
benefit period runs up to 36 months. There may be federal programs taht help
pay portions of COBRA elected premiums.
Collaborative Law – an alternative dispute resolution technique for resolving conflicts and reaching agreements using cooperative strategies rather than
adversarial techniques and litigation. It recognizes the need for each party to
have an attorney, but avoids the involvement of the Court.
112
Common-Law Marriage (RSA 457:39) – a relationship in which a couple lives
together as though they are married for three years or more, without having
gone through a legal ceremony. It is recognized in NH only upon death.
Compensation (RSA 21-M:8-h) – financial reimbursement for any damages
and suffering that a victim may have received as a result of abuse. This can be
sought through civil action against the abuser.
Contempt – when a court order is willfully and knowingly violated.
Contested Divorce – a divorce where the parties are unable or unwilling to come
to a mutual agreement and must have the court decide the issues in dispute.
County Attorney – an attorney employed by the county who prosecutes felony
cases in the Superior Court.
Course of Conduct – two or more acts over a period of time, however short,
which show a continuity of purpose.
Crime Against the State – once a crime has been reported to the police and
an arrest has been made, the decision of whether the case continues in the
court system, is up to the police and prosecutor.
Crisis Center – a program established to provide free 24-hour confidential
emergency support and assistance, 7 days a week, to victims of domestic violence, stalking, sexual assault, and sexual harassment regardless of age, race,
gender, sexual orientation, economic status, physical or cognitive ability, and
political or philosophical beliefs. Reports of child abuse are not confidential and
crisis centers and advocates are required by law to report them.
Crisis Center Advocate (RSA 173-C) – an individual from a crisis center who
works with victims and survivors of domestic abuse, sexual violence, stalking
and sexual harassment providing confidential (with the exception of reports
of child abuse) emotional support and assistance with legal, social service and
medical issues.
Custody – See Parenting Rights and Responsibilities.
Debt – money or something of value that is owed to another.
Decision-making Responsibility – parents’ right to access a child’s school
and medical records and to participate in the major decisions of a child’s life.
Defendant – the person who is accused of a crime.
Demand for Rent – the first notice in the eviction process.
Department of Justice – headed by the Attorney General, the Department of
Justice acts as the chief law enforcement officer and prosecutor for the State
of New Hampshire.
Disposition – final settlement or sentencing of a criminal case.
113
Discovery – process by which a party is granted the right, by the court, to have
access to information needed for a court case, including access to income and
assets information in divorces and other support cases, including evictions.
Discretionary Stay – a stay of up to 90 days granted by the court during which
the writ of possession is delayed.
Discrimination – choosing or denying people on the basis of prejudice or
unfair preference.
District Court – a state municipal court of general jurisdiction.
Divorce – the legal termination of marriage.
Documented Immigrant – lawful permanent residents, temporary residents
under the IRCA amnesty program, in status aliens, refugees, asylees, persons
granted cancellation of removal (formerly withholding of deportation) or paroled
for at least one year; Cuban and Haitian entrants; and bat­tered spouses and
children with a pending or approved spousal visa, or petition for relief under
the Violence Against Woman Act.
Domestic Violence – violence toward or physical abuse of one’s spouse or
domes­tic partner.
Domestic Violence Petition – a court form that serves as an application for
a protec­tive order.
Domestic Violence Protective Order – a court order available to someone
who has been subject to actual or threatened physical violence by a family or
household member, or a current or former intimate or sexual partner.
DOVE Project – free legal representation for final protective order hearings in
domestic violence proceedings accessed through domestic violence and sexual
assault crisis centers.
Emergency Protective Order – a protective order that can be obtained when
the courts are closed. The process can be completed by contacting local or
state police. They will fill out the necessary paperwork and contact a judge via
telephone.
Equitable Powers – the power of the courts to make orders other than awards
of money in order to obtain a fair result; the power to issue restraining orders,
injunctions, etc.
Equitably – fairly.
Evaluator – a neutral person who attempts to settle a divorce between two
people through neutral evaluation.
Eviction Notice – a landlord’s written notice given personally to a tenant to
vacate the premises for nonpayment or other material breach of a lease/rental
arrangements. The notice must state the specific reason(s) for eviction.
114
Ex Parte – a request for emergency assistance from the courts under circumstances when someone is at immediate risk of personal harm or serious damage
to property and where it is not possible or advisable to notify the other party
before the court considers the request.
Family Division Court – the courts in which cases relating to family matters
are heard and dealt with, including divorces, parenting disputes between unmarried parents, child support, abuse and neglect, juvenile delinquency, adoptions,
and guardianships of minors.
Fault Grounds – When a spouse claims in a divorce proceeding that he/she has
been a good and faithful spouse and the other party has committed one of approximately nine different faults that caused the breakdown of the marriage.
Fee Agreement – a document prepared with your lawyer that explains clearly
the legal fees charged by the lawyer, including what services the lawyer will
provide; the type and amount of fees for these services; and the billing practices
of the lawyer.
Felonious Sexual Assault – a crime which involves unwanted sexual contact which causes serious bodily injury, sexual contact with a person under
13 years of age, and any sexual relations with a person between the ages
of 13 and 16.
Felony – a criminal offense punishable by more than one year in jail and/or a
monetary fine of more than $2,000.
Final Stipulation – see “Stipulation.”
Good Cause – a parent with residential responsibility receiving public assistance
or Medicaid can claim good cause not to have child support established if the
parent can verify that coop­erating with the Office of Child Support is not in the
best interest of the child (for example, if there is risk of physical or emotional
harm to the parent or child).
Grand Jury – a group of 12-23 citizens whose duty it is to hear the evidence
and accusations that have been made against the defendant, and decide whether
there is enough evidence to bring the case to trial.
Guardian Ad Litem – someone appointed by the court to represent minor children in a contested parenting dispute. The “GAL” investigates and
makes recommendations to the court on parental rights and responsibility
issues.
Hostile Working Environment – work site where victim is subject to repeated
unwelcome sexual comments, innuendoes, and touching which alter conditions
or interfere with school or work performance, as well as access to oppor­tunities
the employer provides.
Hung Jury – a jury unable to make a unanimous decision in a trial.
115
Immigrant – a person from another country who has entered the United States.
Immigrants can be documented or undocumented. Documented immigrants
can include, but are not limited to, lawful permanent residents, temporary
residents un­der the IRCA amnesty program, in status aliens, refugees, asylees,
persons granted cancellation of removal (formerly withholding of deportation)
or paroled for at least one year; Cuban and Haitian entrants; and battered
spouses and children with a pending or approved (a) spousal visa, or (b) petition for relief under the Violence Against Women Act (further explained in the
domestic violence section of this Hand­book). An undocumented immigrant
is a person who has entered the U.S. with­out inspection or has entered lawfully
and has overstayed his/her visa.
Impound – to take possession of property against the will of the owner for
protective purposes.
Incest – sexual relations between persons so closely related that they are forbid­
den by law or religion to marry.
Income Assignment – when a designated amount of pay is withheld automatically from the paycheck of the person paying support and sent directly to
the other parent.
Indictment – a formal charge against the defendant, if a Grand Jury believes
a crime has been committed.
International Child Abduction – the violation of a parenting plan by taking
the children to a different country.
Joint Petition – a court petition filed by both parties, thus eliminating the
need for serving divorce papers through a sheriff.
Jurisdiction – the cities, towns or states over which a court has power to
hear cases.
Legal Separation – a legal process similar to a divorce, addressing the same
issues (decision-making and/or residential responsibility, support, etc.), but at
the end of which the couple is still married but living separately.
Marriage License – A document that authorizes a couple to get married, usually available from the city or town clerk’s office where the couple resides.
Marital Estate – all of the property of a married couple, including assets
(e.g., real estate, automobiles, bank accounts, retirement accounts, pensions,
vehicles, household goods, etc.) and debts, regardless of whose name the asset
or debt is titled to.
Marital Master – a judge-like official who hears family-related cases that do
not involve a criminal case in which the defendant could receive jail time.
116
Mediation – a non-adversarial process in which a neutral third party acts to
encourage and help disputing parties reach a mutually acceptable agreement.
(Mediation may not work well in relationships where physical or emotional abuse
is occurring or has occurred. In these cases mediation may be dangerous).
Misdemeanor – a criminal offense punishable by a prison sentence of less
than one year and a monetary fine of less than $2,000.
Neutral Evaluation – an alternative dispute resolution method where a neutral
third party assists in resolving disputed issues and providing a professional,
impartial opinion on what the likely outcome of an unresolved issue may be,
given the strengths and weakness of the case.
No Contact – an order which may be included in bail conditions, which states
that the accused is prohibited from contacting you or your family.
No-Fault Grounds – a ground for divorce in which irreconcilable differences
are cited as the cause for the breakdown of the marriage.
Notice of Intent to Appeal – allows a person to appeal an eviction ruling to
the New Hampshire Supreme Court if filed with the district court within seven
days of the court’s decision.
Orders of Notice –an order issued by the court at the beginning of a case
requiring the party who filed a petition to ensure that the other party is given
proper notification of the case, either by being served by a sheriff with copies of
the “Petition for Divorce” or being mailed the notification by certified mail.
Parent with Residential Responsibility – parent with whom the children
live most of the time.
Parenting Plan – a court order or agreement between parents that addresses
all issues relating to children who are under the age of 18.
Parenting Rights and Responsibilities – New Hampshire law no longer refers
to custody of minor children. Instead, the law refers to parental rights and
responsibilities for the children of parents who are divorcing or, if not married,
to those living separately. It is the legal authority to make decisions affecting
a child’s interests (decision-making responsibility) and the responsibility of
taking care of the child (residential responsibility).
Parole – the conditional release of a person from prison prior to the end of the
sentence imposed.
Paternity – the fact of a biological relationship of a father with a child.
Permanent Stipulation – a final agreement settling a divorce dispute.
Personalized Safety Plan – A paper with the numbers of your local crisis
center, contact persons, places where you (and your children) can go in the case
of an emergency, and suggestions to help you insure your personal safety.
117
Petition for Divorce – a document stating the basic history of a marriage, the
reason for divorce, and the requests being made of the court.
Petitioner – the person who initiates a divorce or other family related case.
Plaintiff – a person who begins a court action.
Plea Bargaining – the process where the accused in a criminal case and the
prosecuting attorney work out a mutually satisfactory agreement, which then
goes before the court for approval.
Pre-Sentence Investigation – an investigation of the defendant’s past behavior done by a probation officer for the benefit of the court. This information is
used in considering the terms of the defendant’s sentence.
Primary Residential Responsibility – an arrangement where the children
live with one parent most of the time.
Pro Bono – free legal representation.
Pro Se – representing oneself in a court action or procedure.
Probable Cause Hearing – a hearing in which it is determined whether or
not there is enough evidence to proceed with a criminal trial.
Probation – the conditional release of an offender under the supervision of
a probation officer.
Property Division – the division of the marital estate between a couple after
a divorce.
Protective Order – see Domestic Violence Protective Order.
Qualified Domestic Relations Order (QDRO) – A court order that divides
a pension or retirement plan at the time of a divorce.
Rape Drug (Drug-Induced Rape Prevention Act of 1996) – a drug, such
as GHB or Rohypnol, which is used to render someone helpless or unconscious
for the purpose of committing a sexual assault.
Reduced Fee Referral Program – a legal referral service provided by the N.H.
Bar Association which provides statewide referrals to lawyers at a reduced fee to
qualified individuals who can afford to pay something for an attorney’s services,
but who cannot afford an attorney’s regular fees.
Refugee – a person outside of his or her country of nationality who is unable or
unwilling to return because of persecution or a well-founded fear of persecution on
account of race, religion, nationality, membership in a particular social group, or
political opinion.
Residential Responsibility – refers to the schedule of time that children
spend in their separated parents’ homes.
Respondent – an individual who is being sued and must respond to the petitioner’s complaint.
118
Restraining Order – An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a
child from the state.
Retaliation – the illegal firing or punishing of an employee who makes or files
a complaint in good faith.
Return Date – a court deadline found on the orders of notice or writ delivered
by law enforcement. An appearance must be filed before this date in order to
avoid being defaulted.
Revised Statute Annotated – Abbreviated as RSA, these are the complete
compilations of New Hampshire’s statutory law.
Right to Cure – the ability to avoid eviction if back rent plus $15 is paid by
the date the notice to quit expires.
SANE – sexual assault nurse examiner.
Sentence – punishment in a criminal case.
Sentencing Hearing – a hearing to impose the sentence of the accused in a
criminal case.
Section 504 Coordinator - the individual in a school district who is in charge
of complaints relating to disability discrimination and of protecting students
with disabilities (Section 504 of the Rehabilitation Act of 1973) If you (as a
student) or your child has been the subject of disability discrimination you may
file a complaint with your district’s Section 504 Coordinator.
Settlement – The written agreement between the parties to a law suit resolving their differences without having a trial on the matter.
Sequester – to set apart.
Sexual Assault – formerly known as “rape,” is sexual contact with a person
13 years or older, against his/her will or without consent. It is punishable by
up to one year in the House of Corrections.
Sexual Assault Medical Exam – a physical, gynecological exam performed to
make sure the victim of a sexual assault is not physically hurt, and to collect
evidence of a sexual assault.
Sexual Harassment – unwelcome sexual advances or conduct that create an
intimidating, hostile or offensive environment.
Stalking – is behavior involving a course of conduct by a person such as following or harassing someone in a way that places another person in fear of his
or her safety.
Stalking Protective Order – an order available from the court to someone who
is being stalked.
Statute of Limitations – a declaration that no case will be brought forward after
a certain amount of time (statutes vary depending on the type of case).
119
Stipulation – a legal agreement.
Superior Court – the county trial court.
Telephonic Order – an emergency protective order received at a police station,
approved by a judge over the telephone.
Temporary Court Order – a court order, which is to last for a limited amount
of time until the court can make a final order.
Temporary Protective Order – a protective order, which lasts for up to 30 days,
or until the final hearing.
Title IX Coordinator – an individual appointed by a school district to investigate gender discrimination complaints.
Tort Lawsuit – a civil suit in which one sues another party because that party
did something wrong that caused harm, seeking monetary compensation for
pain and suffering, or damages caused.
Uniform Interstate Family Support Act – a law that covers the situation
when the parent obligated to pay support lives in another state allowing the
N.H. Division of Child Support Services to ask the other state to enforce New
Hampshire orders.
Uncontested Divorce – a divorce where the parties are able to come to a complete agreement, in writing, about all of the issues in the divorce.
Undocumented Immigrant – a person who has entered the U.S. without
inspection or has entered lawfully and has overstayed his/her visa.
Unwelcome – conduct not wanted or not willingly permitted.
Victim Compensation – see Compensation.
Victim Impact Statement – statement that is prepared by a sexual assault
victim prior to a criminal hearing, such as a sentencing hearing.
Victim/Witness Advocate – advocates available through the prosecutor’s office to assist victims with criminal processes.
Visitation Center – (also known as child access centers) are used by families
where the parents are separated or divorced, and have difficulties exchanging
the children due to domestic violence, sexual assault or substance abuse. These
centers provide a neutral setting in which children can maintain contact with a
parent while ensuring the safety of all family members. Visitation centers may
charge fees for their services.
Warrant – a judicial writ authorizing an officer to make a search, seizure, or
arrest or to execute a judgment.
Writ – legal action that a landlord can take if a notice to quit has expired and
the tenant has not left the premises.
Writ of Possession – authorizes a landlord to take possession of the property.
120
RESOURCE DIRECTORY
SERVICE PROVIDERS: WORKING WITH
TRAINED LANGUAGE INTERPRETERS................................................. 122
THE EARNED INCOME CREDIT.................................................................. 124
LEGAL SERVICES IN NEW HAMPSHIRE
FINDING AND HIRING A LAWYER..................................................... 125
LEGAL INFORMATION & REFERRALS............................................... 128
LOW COST & PRO BONO LEGAL SERVICES..................................... 128
OTHER LEGAL SERVICES..................................................................... 129
STATE, FEDERAL, AND PRIVATE AGENCIES........................................... 132
NEW HAMPSHIRE VISITATION CENTERS............................................... 134
NEW HAMPSHIRE COURTS
SUPERIOR COURTS................................................................................ 141
DISTRICT COURTS................................................................................. 142
FAMILY DIVISION.................................................................................. 144
NEW HAMPSHIRE VICTIM/WITNESS ASSISTANCE PROGRAMS........ 146
NH SEXUAL ASSAULT, DOMESTIC VIOLENCE AND
STALKING SUPPORT SERVICES................................................................. 147
EVALUATION OF HANDBOOK.................................................................... 151
DONATIONS...................................................................................................152
121
v SERVICE PROVIDERS: WORKING WITH TRAINED
LANGUAGE INTERPRETERS
Language and cultural barriers can prevent individuals and families from full
access to essential social services. Additionally, the quality of service often
de­pends on clear communication. Without a shared language, communication
only can be achieved through a trained interpreter.
TITLE VI OF THE U.S. CIVIL RIGHTS ACT OF 1964 states that “…no
person in the United States shall, on grounds of race, color or national origin,
be excluded from participation in, be denied the benefits of, or be subjected
to discrimina­tion under any program or activity receiving Federal financial
assistance.” THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
considers lack of interpretation services a form of discrimination. The OFFICE
FOR CIVIL RIGHTS states that fail­ure to remove language barriers constitutes
a violation of equal access and a denial of services: “To avoid such discrimination
against LEP [Limited English Proficiency] persons, a recipient [of Federal funds]
must assume the responsibility for provid­ing bilingual staff or interpreters.”
Any agency that receives federal funds is obligated by Title VI to supply
trained interpreters for clients who need them in order to acquire services
equal to English-speaking clients. Federally assisted programs include the
State Children’s Health Insurance Program (SCHIP), Medicare, Medicaid,
Temporary Assistance to Needy Families (TANF), Head Start, pubic schools,
basic health care such as hospitals and clinics, law enforcement and other
governmental agencies.
Interpreter Skill Requirements
Studies have shown that many errors occur when service providers use untrained interpreters. Interpretation skills are much more than simple translation. They include:
Cultural knowledge. Service providers and interpreters should have
knowledge of cultural beliefs and practices and integrate this knowledge
into service delivery.
u Cultural interpretation. Service providers and interpreters must be
able to interpret western concepts into the cultural framework of the
client and respond appropriately to client questions and concerns.
u Language skills. Interpreters must be fluent in English and the client’s
primary language; familiar with formal and slang terms in the client’s
lan­guage; and able to communicate with people of different economic
classes and educational backgrounds.
u Specialized terminology and concepts. Interpreters must be familiar
with the terminology and concepts of the field. Providers working with
inter­preters must be able to communicate in a way that clients can understand.
u
122
Consumer rights. Service providers and interpreters must be familiar
with client rights, particularly the right to confidentiality. This is particularly im­portant in smaller communities where many people are related
and tend to know each other.
u Client — Service Provider — Interpreter dynamics. Service provid­
ers and interpreters must understand and be sensitive to the dynamics
in­volving clients, providers and interpreters. This can involve practical
issues such as how to arrange seating, and emotional issues such as how to
best discuss sensitive topics like sexuality or mental health problems.
u
Guidelines For Service Providers Working With An Interpreter
u
u
u
u
u
u
u
Use an interpreter if you are not fluent in the client’s language.
Avoid recruiting other clients to translate. If you must use another client,
ask each person separately if they are comfortable with the arrangement.
Be cautious about using staff untrained in interpreting. They may be
unfa­miliar with your professional terminology or uncomfortable with
serving as an interpreter.
Be cautious about using family members to interpret, particularly members
of different generations or genders.
Use a professional translator whenever possible. Ideally the translator will
be the same sex and same age or older as the client. Brief the interpreter
about any necessary background ahead of time. Ask the interpreter to
brief you on basic greetings and courtesies.
Translation is not for in-person meetings only. Use telephone translation
if you are not fluent in the client’s language.
When using a translator:
1. Look at the patient, not at the translator. Address the patient directly.
2. Avoid using “jargon” or specialized terms of your profession.
3. Use nonverbal communication as much as possible. Your tone and
facial expressions can convey important messages.
4. Expect a translated conversation to take longer than it would to speak
directly to your client. Expect the rhythm of the conversation to be
slow. The client must first think through the translation, and then
formulate a response. You, in turn, will need to do the same.
5. Avoid long uninterrupted monologues. They are much more difficult
to process and, therefore, to respond to.
6. The client’s response should be more than a yes or no. If not, ask for
clarification and elaboration.
7. Provide instructions in the form of lists, preferably in the client’s
own language.
8. Avoid idioms.
123
9. Speak slowly and articulate each word. Avoid the tendency to speak
loudly, as this may be interpreted as hostility.
10. Use short, simple, concrete sentences. Use active verbs with clear
sentence subjects.
11. Expect mistakes.
Translation Services
If you or a client is in need of a language interpreter in a non-emergency
situa­tion, you can contact the LANGUAGE LINE at 800-752-6096. The service
provides three way telephone interpretation in more than 150 languages 24
hours a day, seven days a week. Certified Medical Interpreters also are available
through the service.
In an emergency, you should dial 9-1-1 and request a telephone translator.
For urgent non-emergency services, dial 603-271-7081 and request a 9-1-1
supervisor.
v THE EARNED INCOME TAX CREDIT
The Earned Income Tax Credit (EITC) is a tax credit offered through the
federal tax system intended to reward work among low-income families, especially those with children. Those who qualify can pay less federal tax, or
no tax, or get a tax refund. To qualify, you must meet certain rules and file
a tax return, even if you do not owe any tax or did not earn enough money
to file a tax return.
In most cases, any EITC payments you receive will not be counted as income
to determine eligibility for Medicaid, Supplemental Security Income (SSI), food
stamps, low-income housing, WIC or most Temporary Assistance to Needy
Families (TANF) payments. However, if you do not spend your EITC payment
within a certain period of time, for TANF and Medicaid it may count as an asset
(or resource) and affect your eligibility.
To qualify, the tax filer must meet the following criteria:
u Have a valid social security number;
u Cannot file taxes as “married filing separately;”
u Must be a U.S. citizen or a resident alien all year; or a nonresident alien
married to a U.S. citizen or a resident alien and filing a joint return;
u Cannot file Form 2555 “Foreign Earned Income” or Form 2555-EZ;
u You cannot be a qualifying child of another person.
u Cannot have an investment income of more than $2,950 for 2008 tax
returns; and,
u Must have earned income from employment or self-employment
124
You also must meet certain income requirements. For 2008 tax returns, both
earned income and adjusted gross income must be:
u Less than $33,995 for a taxpayer with one qualifying child ($36,995 for
married filing jointly) to be eligible for a credit of up to $2,917;
u Less than $38,646 for a taxpayer with two or more qualifying children
($41,646 for married filing jointly) to be eligible for a credit of up to
$4,824;
u Less than $12,280 for a taxpayer with no qualifying children and between
ages 25 and 64 before the end of the year ($15,880 for married filing
jointly) to be eligible for a credit of up to $438. You must live in the
United States for more than half the year, and not qualify as a dependent
of another person.
It is possible to receive advance payment of next year’s EITC throughout the
year and receive a tax refund too rather than wait and get the credit after filing
your tax return. If you have a qualifying child, you may be able to get some of
the EITC in your paycheck. Request Form W-5, “Earned Income Credit Advance
Payment Certificate” from your employer.
Please note that EITC rules and income levels are subject to change each
tax year. For more information, see the worksheet in the instructions for the
tax form you file, call the nearest IRS office (listed in the yellow pages), or
visit www.irs.gov.
Resources: UNH Cooperative Extension Publications Center to request the
“2009 Advance Earned Income Tax Credit” (603) 862-2346
Also visit: http://www.nheitc.org NH EITC Alliance
The Low Income Taxpayer Project (603) 228-6028 (between 8:30 AM and
5:00 PM)
v LEGAL SERVICES IN NEW HAMPSHIRE
Finding And Hiring A Lawyer
Before hiring a lawyer, you first must identify your legal problem and then
decide what type of legal representation you need. Many lawyers specialize in
certain ar­eas of the law, and a lawyer with expertise in one area – for example,
divorce – may not be the best choice for another area – for example, criminal
proceedings.
A variety of referral programs, listed later in this section, have been established to help individuals find appropriate legal representation. Many of these
programs not only provide referrals to lawyers with specific specialties, but
also help to determine if other types of assistance may be of benefit to you – for
example, a problem that can be addressed, for no charge, by a community or
state agency.
125
Selecting a Lawyer
If at all possible, select a lawyer when you are not in crisis and in need of
imme­diate legal representation. In many situations, doing some “comparison
shopping” of lawyers will help you to find one with whom you can work comfortably and with full confidence. Some considerations in hiring a lawyer include:
u
Do you and the lawyer have the same goal for the case?
Do you believe the lawyer has the expertise and experience to handle
your case?
u Do you understand the lawyer’s explanation of what your case may involve,
including a timetable of the case, when and how often the lawyer intends
to contact you, and how closely you will be involved in the lawyer’s work?
u Do you understand and agree with the lawyer’s billing practices?
u
The Consultation
Meeting with a few lawyers to discuss your case may help you decide which
law­yer to hire. While some lawyers do not charge for an initial consultation,
others do. Be sure to ask the lawyer if there is a fee for this visit and, if so,
how much it will be. You can expect the first meeting to be short, usually no
longer than a half-hour.
Your consultation will be most productive if you are fully prepared. Present
your situation in an organized and concise way, being sure to include dates and
times whenever possible. It may be helpful to write this information down, highlighting the most important points. Bring the names, addresses, and telephone
numbers of everyone connected with the case, along with important documents
related to the situation – photographs, accident reports, police reports, court
documents, etc. The goal is to present your situation in such a way that the
lawyer can deter­mine quickly if the matter is the type that he or she is willing
and able to handle.
You should feel free to ask the lawyer questions during this meeting, including what other cases like yours the lawyer has handled and the outcomes of
these cases. Ask if the lawyer will work on your case personally. If not, request
a meeting with the lawyer who will handle your case. How long can you expect
the case to take, and how can or will you be expected to participate? Finally, be
sure to understand fully how and for what services you will be charged.
The Fee Agreement
You always should ask for a written fee agreement from your lawyer. The fee
agreement should explain clearly the legal fees charged by the lawyer, including
what services the lawyer will provide; the type and amount of fees for these
ser­vices; and the billing practices of the lawyer. See below for some common
fee arrangements used by lawyers for legal services.
In addition to legal fees, you will be charged for the costs associated with your
case. Costs include fees charged by the courts as well as expenses incurred by
126
the lawyer to prepare and present your case. Typical costs include court filing
fees; consultant charges; witness fees; travel expenses related to the case, among
others. You can ask, as part of your written fee agreement for an estimate of
expected costs.
Some other issues to consider when writing a fee agreement include:
u
u
u
u
u
u
Who else will be working on the case? (paralegals, legal assistants, and
other support staff)
How will that legal time be billed?
How will costs incurred be paid? Will these be paid directly by you, or by
your lawyer for later reim­bursement from you?
Are there ways to reduce legal fees and costs?
How will you be billed and can a payment schedule be arranged?
With a completed fee agreement, you will have a concrete sense of the
lawyer’s estimate of the total charges. However, remember that an estimate is simply a calculated guess and that the total amount may change
as circumstances change.
Legal Fees
A lawyer’s fees can depend on several factors, including the expertise of the
lawyer and the complexity of your case. Not all lawyers charge the same fees,
although there are a few common fee arrangements.
Fixed fee. Most often used for routine legal matters, a fixed fee is a
stan­dard fee the lawyer may charge all clients – for example, drawing up
a simple will. Be sure you know what the fee does and does not include
and any other charges that may be added to the bill.
u Hourly fee. Many lawyers charge on an hourly basis. The hourly rate
can vary widely from lawyer to lawyer, depending on the lawyer’s years
of expe­rience, level of expertise, and reputation. If you will be paying
hourly fees, ask your lawyer to estimate the amount of time your case
will take.
u Retainer fee. Sometimes considered a “down payment” for legal services,
legal fees are deducted from the retainer, at the agreed upon hourly rate,
until the retainer is used up. Always ask if the retainer is refundable if it is
not all used up.
u Contingency fee. When you are suing someone for money (for example,
in an accident or personal injury case), a contingency fee agreement means
that you will pay your lawyer a percentage of the money you recover. If
you lose your case, the lawyer is not paid legal fees. All contingent fee
agree­ments must be in writing, stating what percentage of the money
recovered will be paid to the lawyer and whether this percentage is figured
before or after costs associated with the case have been paid. Contingency
fee percentages of 33% are common; any percentage in excess of 40% may
u
127
be unethical. You should note that, whether or not you win your case, you
still have to pay any court costs and expenses re­lated to your case. Also,
you should note that, in New Hampshire, lawyers are not permitted to
charge contingency fees in divorce cases.
u Statutory fee. For certain matters, the court either sets or must approve
the fee you will pay.
This information has been adapted with permission from: “Selecting, Hiring,
and Working With A Lawyer,” published by the Public Information Committee
of the New Hampshire Bar Association. To request a copy of the brochure, free
of charge, contact the NEW HAMPSHIRE BAR ASSOCIATION at 603-224-6942
or visit www.nhbar.org.
Legal Information & Referrals
The agencies listed below provide legal information – not legal advice or representation – for common issues.
LAWLINE OF THE NEW HAMPSHIRE BAR ASSOCIATION (603-2246942 or 800-868-1212) is staffed by volunteer lawyers on the second
Wednesday of each month between 7:00 and 9:00 p.m.
u LEGAL ADVICE LINE OF THE SENIOR CITIZEN’S LAW PROJECT
(SCLP) (603-624-6000 IN MANCHESTER; 888-353-9944 STATEWIDE), operated by NEW HAMPSHIRE LEGAL ASSISTANCE, is staffed
by attorneys to provide free legal advice to senior citizens 60 and older
regardless of income.
The following legal services provide legal advice, referrals or representation,
some for reduced fees, or free legal services:
u
LAWYER REFERRAL SERVICE (LRS) (603-229-0002) LRSreferral@
nhbar.org. Created by the NEW HAMPSHIRE BAR ASSOCIATION,
LRS will help you define and narrow your legal problem and refer you to
a lawyer in your area who handles your type of case. A referral provides
callers with a half-hour consultation with a lawyer for $25.00, paid at the
time of consultation. If a referral to a lawyer is not appropriate, staff may
refer you to other service agencies. Note that LSR is not a legal assistance
program and offers no free services.
u REDUCED-FEE REFERRAL PROGRAM OF THE NH BAR ASSOCIATION (603) 715-3290 Reducedfee@nhbar.org. The program is for
individuals who need a lawyer but may have trouble paying legal fees.
Panel members have agreed to negotiate reduced rates with the client
based on the complexity of the case and the financial circumstances of
the client. The program does not handle “fee-generating” cases, such
as personal injury, and cannot provide referrals when court-appointed
counsel is available. There are no free legal services through the Reduced
Fee Referral Program
u
128
u
u
u
u
u
u
NEW HAMPSHIRE PRO BONO REFERRAL PROGRAM Pro Bono links
low-income people with volunteer attorneys who provide free legal services
in family law, bankruptcy, consumer, housing, and senior citizen matters.
Most individuals must apply through the Legal Advice and Referral Center
at 1 (800) 639-5290 or 224-3333. If seeking help with bankruptcy and/
or debt collection, callers should contact the Pro Bono Program directly
at 224-5387.
The LOW-INCOME TAXPAYER PROJECT assists qualified individuals
with federal income tax disputes through referrals to volunteer attorneys
for free advice and/or representation. 228-6028
The DOVE Project – the Domestic Violence Emergency Project provides free legal representation for qualifying survivors of domestic
violence at final restraining order hearings. Call your local crisis center
or 866-644-3574 Domestic Violence Hotline.
IMMIGRATION LAWYER REFERRAL SERVICE (ILRS) (800-954-0254).
Op­erated by the AMERICAN IMMIGRATION LAWYERS ASSOCIATION,
this service can help you find an immigration attorney in your area that
specializes in your type of case. In addition, the INTERNATIONAL INSTITUTE OF NEW HAMPSHIRE (603-647-1500) can provide referrals
to lawyers throughout New Hampshire specializing in immigration law and
in the representation of im­migrants in the legal system.
ALTERNATE DISPUTE RESOLUTION. Overseen by the SUPERIOR
COURT and FAM­ILY DIVISION, Alternate Dispute Resolution includes
mediators and neutral evaluators to work with parties in resolving disputed issues in civil cases, including divorce and parenting rights and
responsibilities. A list of state-certified mediators and neu­tral evaluators
is available in each SUPERIOR COURT or FAMILY DIVISION or at www.
courts.state.nh.us/adrp/index.htm.
COLLABORATIVE LAW ALLIANCE OF NEW HAMPSHIRE. The Alliance
main­tains a directory of lawyers trained in collaborative law for resolution of
civil cases, including divorce and parental rights and responsibilities. Write
P.O. Box 2161, Concord, NH, 03302 or visit www.collaborativelawnh.org.
v OTHER LEGAL SERVICES
LEGAL ADVICE & REFERRAL CENTER (LARC)
(800) 639-5290 (in-state only) (603) 224-3333
www.mv.com/ipusers/larc/index.htm
A private, non-profit legal service agency staffed by attorneys and paralegals,
LARC assists individuals who meet financial eligibility requirements. Staff provides
legal information, legal advice, referrals to other agencies and, in limited cases,
direct representation. LARC concentrates on four main areas of law:
u
Family (divorce/separation, unwed parenting rights and responsibilities,
child support, guardianship);
129
u
Public Benefits and Welfare (local welfare, Chapter 8, SSI, SSD, TANF);
u Housing (landlord/tenant disputes, evictions, and fair housing); and
u Consumer (debt collection, bankruptcy, consumer protection).
PROCEDURE. Intake for new clients is between 9:00 a.m. and 1:00 p.m.,
Monday, Tuesday, Thursday, and Friday; between 4:00 and 7:00 p.m. on Wednesdays. LARC speaks with approximately 125 people every day, so the lines are
frequently busy. The phones are answered by an automated system that directs
callers to a line for the area of law they need. A receptionist assists in selecting
a line for those who do not know which line to select. Callers with court hearings,
or who are in danger, should speak with the receptionist.
LARC also screens for and refers clients to the Pro Bono Program of the NEW
HAMPSHIRE BAR ASSOCIATION and special programs of NEW HAMPSHIRE
LEGAL ASSISTANCE when the case fits that program’s criteria or priorities.
NEW HAMPSHIRE LEGAL ASSISTANCE (NHLA)
(Regional offices listed below) www.nhla.org
NHLA is a non-profit law firm providing legal advice and representation in
civil matters to people who cannot afford to pay for a lawyer. Attorneys and
parale­gals answer questions and provide high quality legal services to eligible
callers on a broad range of legal issues, in­cluding:
u
Domestic violence;
u Housing;
u Public benefits and assistance;
u Disability benefits; and
u Senior Citizen Law Project.
PROCEDURE. Intake for new clients is done Mondays, Wednesdays and Fridays from 9:00 a.m. to 12:00 p.m. Written and walk-in applications also are
accepted. Calls are screened for problem type and financial eligibility. If NHLA
cannot handle your case, you will be referred to other appropriate agencies.
BERLIN
1131 Main Street, Berlin, NH 03570
(800) 698-8969 (in state only) (603) 752-1102
CLAREMONT
24 Opera House Square, Claremont, NH 03743
(800) 562-3994 (in-state only) (603) 542-8795
CONCORD
117 North State Street, Concord, NH 03301
(800) 921
130
LITTLETON
58 Main Street Littleton, NH 03561
(800) 548-1886 (in-state only) (603) 444-8000
MANCHESTER
1361 Elm Street, Suite 307 Manchester, NH 03101
(800) 562-3174 (in-state only) (603) 668-2900
NASHUA
21 E. Pearl Street, Nashua, NH 03060
(800) 517-0577 (in-state only) (603) 598-3800
PORTSMOUTH
Simeon Smith House 412 The Hill, P.O. Box 778 Portsmouth, NH 03802
(800) 334-3135 (in-state only) (603) 431-7411
SPECIAL PROJECTS OF NEW HAMPSHIRE LEGAL ASSISTANCE (please
note: most projects have different intake hours and some have different phone
numbers than outlined above):
u
HOUSING JUSTICE PROJECT (HJP) provides legal representation for
victims of hous­ing discrimination and conducts educational forums. The
Project also helps disabled persons obtain reasonable accommodations for
their disabilities and provides referrals to attorneys and agencies, when appropriate. For as­sistance call Monday through Friday 9:00 a.m. to 5:00 p.m.
800-921-1115 (in-state only) or 603-669-4960 (Manchester).
u
DOMESTIC VIOLENCE ADVOCACY PROJECT (DVAP) provides civil legal ser­vices for low-income victims of domestic violence, focusing on cases
involv­ing decision-making and/or residential responsibility of children.
The Project will assist victims in obtaining restraining orders, parenting
plans, visitation orders, modifications, child support, and divorces. For
assistance call Monday through Friday 9:00 a.m. to 5:00 p.m. 800-5623174 (in-state only) or 603-668-2900 (Manchester).
u
SENIOR CITIZENS LAW PROJECT (SCLP) offers legal advice and representation in areas such as: social security, supplemental security income,
Medicaid/Medicare, nursing home resident rights, elderly housing issues,
property tax relief including the Senior Advice Line on various civil law issues.
NH residents over age 60 are eligible. 1-888-353-9944 or (603) 624-6000.
CIVIL PRACTICE CLINIC OF FRANKLIN PIERCE LAW CENTER
(603) 225-3350 www.piercelaw.edu
Primarily serving Merrimack County, students of the Franklin Pierce Law
Cen­ter provide legal services to low-income clients under the supervision of
lawyers and center faculty. Cases handled by the clinic include consumer fraud,
131
foreclo­sure and predatory lending, debt collection defense, landlord-tenant disputes, bankruptcy, business start-ups, copyright, intellectual property disputes,
patent licensing, court appointed criminal cases, Department of Employment
Security (unemployment), Department of Health and Human Services cases,
Department of Safety, and issues of small, nonprofit organizations.
DISABILITY RIGHTS CENTER (DRC)
(800) 834-1721 (603) 228-0432 www.drcnh.org
DRC provides representation to individuals with disabilities in legal and admin­
istrative matters that arise because of their disabilities. Low-income persons are
provided with free legal services; others with higher incomes may be asked to
pay for some of the cost. DRC does not charge for brief assistance of less than
two hours. For assistance, call 800-834-1721 or 603-228-0432.
NH SEXUAL ASSAULT, DOMESTIC VIOLENCE
AND STALKING SUPPORT SERVICES
See end of this Resource Directory
New Hampshire Domestic Violence Hotline
1-866-644-3574
Offers assistance 24 hours a day, 365 days a year. Services include 24 hour
crisis lines, emergency shelters, transportation to emergency shelters and court
advocacy.
New Hampshire Sexual Assault Hotline
1-800-277-5570
Offers assistance 24 hours a day, 365 days a year. Services include 24 hour
crisis lines, emergency shelters, transportation to emergency shelters and court
advocacy.
New Hampshire Commission for Human Rights
2 Chenell Drive
Concord, NH 03301-8501
603-271-2767
www.nh.gov/hrc/
This state agency is dedicated to eliminating discrimination in employment,
public accommodations and the sale or rental of housing or commercial property because of age, sex, sexual orientation, race, creed, color, marital status,
familial status, physical or mental disability or national origin. The commission has the power to receive, investigate and pass upon complaints of illegal
discrimination and to engage in research and education designed to promote
good will and prevent discrimination.
132
International Institute of New Hampshire
(603) 647-1500
www.iiboston.org
The International Institute of New Hampshire offers low-cost services to the
immigrant community in the Greater Manchester Area and throughout New
Hampshire. For information about immigration issues and how they may affect
you or your family, you can arrange for a consultation with the Staff Attorney.
The Institute also assists in filling out any forms you may need including
refugee green card applications, citizenship applications, replacement green
cards, refugee travel documents, re-entry permit applications, advance parole,
affidavits of support, family visa petitions, fiancé visa petitions, simple family
green card applications, visa lottery applications, and employment authorization applications. They can also assist with Asylum screening and referral,
screening and referral for undocumented victims of domestic violence, and
family reunification. Other services available include taking photos, notarizing documents, and assisting with translation of official documents. They
will also refer you to other agencies as needed. Please call 1-603-647-1500
(Monday through Friday, 8:30 – 4:30) to make an appointment.
Parent Information Center
(603) 224-7005 V/TDD
(800) 947-7005 (N.H. only)
www.parentinformationcenter.org
www.picnh.org
The Parent Information Center provides information, support, and educational
programs for parents, family members, educators and the community. PIC is
a recognized leader in building strong family/school partnerships along with
promoting effective parent involvement in the special education process.
New Hampshire Catholic Charities
(603) 669-3030
(800) 562-5249
www.catholiccharitiesnh.org
The state’s largest private, non-profit social service agency, New Hampshire
Catholic Charities provides adoption and maternity services, immigration and
refugee services, counseling, parenting classes, temporary or permanent homes
for children and the elderly, services to persons with disabilities along with
referrals and connections to other service agencies.
211 New Hampshire
2-1-1
1-866-444-4211
www.211nh.org
2-1-1 provides free information and referrals statewide for all human service needs.
133
ServiceLink
Regional Offices listed below
www.state.nh.us/servicelink/index.html
Service Link provides information and supportive referrals about resources
for older adults, adults living with disabilities, chronic illness, and their families
and caregivers.
Belknap County
528-6945
Carroll County
323-9394
Coos County
752-6407
Grafton County (Lebanon Office)
448-1558
(Littleton Office)
444-4498
Hillsborough County
(Manchester Office)
644-2240
(Nashua Office)
598-4709
Merrimack County
228-6625
Monadnock Region
357-1922
Rockingham County
(Portsmouth Office)
334-6594
(Salem Office)
893-9769
Strafford County
332-7398
Sullivan County
542-5177
New Hampshire Visitation Centers
http://www.visitationcoop.org
Hours & Services Vary. Please call Centers before visiting.
Visitation centers provide services needed to build safe and healthy relationships between children and their non-residential parents and/or other relatives.
These services may include supervised visitation and exchange depending on
the individual center.
All R Kids Supervised Visitation Center (ARK)
(Serving the Monadnock Region)
24 Vernon Street
Keene, NH 03431
(603) 357-4661
Emerge Family Advocates
(Serving NH in Sullivan and Southern Grafton Counties)
PO Box 1224
White River Junction, VT 05501
(802) 296-7663
134
Merrimack County Visitation Center
(Serving Merrimack County)
249 Pleasant Street, Suite 2
Concord, NH 03301
(603) 223-9907
Greater Nashua Supervised Visitation Center
(Serving Southern Hillsborough County)
15 Prospect Street
Nashua, NH 03060
(603) 598-7123 x3497
YWCA Supervised Visitation & Child Exchange Center
(Serving Northern Hillsborough County)
72 Concord Street
Manchester, NH 03101
(603) 625-5785
New Hampshire Housing Finance Authority
www.nhhfa.org
(603) 472-8623
1-800-640-7239
New Hampshire Housing promotes, finances and supports affordable housing
opportunities and related services for New Hampshire families and individuals,
and they serve as the primary source for housing data.
New Hampshire Department of Employment Security
The Department of Employment Security assists people to file for Unemployment Compensation benefits, along with helping with their career choices,
changes and career adjustment. They will help employers find candidates that
meet their job specifications.
10 West Street
PO Box 1140
Concord, NH 03302-1140
(603) 228-4100
85 Mechanic St.
Lebanon, NH 03766-1506
(603) 448-6340
646 Union St. Suite 100
Littleton, NH 03561-5314
(603) 444-2971
518 White Mt. Highway
Conway, NH 03818-4205
(603) 447-5924
300 Hanover St.
Manchester, NH 03104-4957
(603) 627-7841
109 Key Road
Keene, NH 03431-3926
(603) 352-1904
6 Townsend West
Nashua, NH 03063-1217
(603) 882-5177
426 Union St. Suite 3
Laconia, NH 03246-2894
(603) 524-3960
135
New Hampshire Department of Employment Security (cont.)
2000 Lafayette Rd.
243 Route 108
Portsmouth, NH 03801
Somersworth, NH 03878
(603) 436-3702
(603) 742-3600
29 So. Broadway
Salem, NH 03079-3026
(603) 839-9185
Social Security Administration
www.ssa.gov
An independent government program that provides economic assistance to
persons faced with unemployment, disability, or agedness, financed by assessment of employers and employees
New Hampshire social security offices:
2 Wall St., Suite 301
70 Commercial St.
Suite 100
Manchester, NH, 03101
Concord, NH, 03301-5005
175 Amherst St.
Nashua, NH, 03064
P.O. Box 209
Federal Bldg., Rm 200
Portsmouth, NH, 03802
34 Mechanic St.
Keene, NH, 03431
177 Main St.
Littleton, NH, 03561
Social Security decisions which are appealed to the Office of Disability Adjudication and Review for a decision before an Administrative Law Judge are
held in the following locations:
Office of Disability Adjudication
Division of Adult Learning and Rehab
and Review
Disability Determination Services
1750 Elm Street, Suite 303
21 South Fruit St., Suite 30
Manchester, NH 03104
Concord, NH 03301
NEW HAMPSHIRE COMMISSION ON THE STATUS OF WOMEN
www.nh.gov/csw
Established by statute in 1969, the New Hampshire Commission on the Status of Women remains the only state agency exclusively devoted to enhancing opportunities and promoting positive change for the women of the state.
Through policy analysis, legislative advocacy, and special programming, we work
to strengthen the state as a whole by improving the lives of its women
25 Capitol Street, Room 212
Concord NH 03301-6312
(603) 271-2660
136
New Hampshire Department of Education
www.ed.state.nh.us/education
The Department of Education offers a wide variety of programs and services
in support of New Hampshire’s students, teachers, educators, administrators,
families, and community members.
101 Pleasant Street
Concord, NH 03301-3860
(603) 271-3494
Citizens’ Services Line: 1-800-339-9900
State Board of Education See:
http://www.ed.state.nh.us/education/board/membership.htm
New Hampshire Department of Justice
http://doj.nh.gov
New Hampshire Attorney General’s Office
33 Capitol Street
Concord, NH 03301
(603) 271-3658
Office of Victim/Witness Assistance
33 Capitol Street
Concord, NH 03301
1-800-300-4500
(603) 271-1284
US Dept. of Labor
www.dol.gov/esa
Manchester Area Office
ESA Wage & Hour Division
1750 Elm Street - Suite 111
Manchester, NH 03104-2907
Phone: (603) 666-7716
1-866-487-9243
New Hampshire Department of Labor
www.labor.state.nh.us
The Department of Labor monitors Employers, Workers Compensation, and
Insurance Carriers to insure that they are in compliance with NH Labor laws.
These laws range from minimum wage, overtime, safety issues and workers
compensation
Wage and Hours Division
95 Pleasant Street
Concord, NH 00301-3836
(603) 271-6294, (603) 271-1492
137
New Hampshire Department of Safety
www.nh.gov/safety
Enforces motor vehicle and highway safety laws, criminal laws, commercial
vehicle regulations, fire safety, building and equipment safety laws and regulations, and boating safety laws and rules. They also provide enhanced 911
emergency communications statewide, and are responsible for homeland safety
and emergency management activities.
Division of Fire Safety
33 Hazen Drive
Concord, NH 03301
(603) 271-3636
Division of Motor Vehicles
23 Hazen Drive
Concord, NH 03305
United States Department of Education
www.ed.gov
Office for Civil Rights
Customer Service Team
400 Maryland Ave. SW
Washington, DC 20202-1100
1-800-421-3481
United States Department of Labor Women’s Bureau
www.dol.gov/wb/
Frances Perkins Bldg.
JFK Federal Building
200 Constitution Ave. NW
Room 525 A
Washington, DC 20210
Boston, MA 02203
Phone: 1-800-827-5335
or (617) 565-1988
United States Department of Justice
www.justice.gov
United States Department of State
www.state.gov
Office of Children’s Issues
221 C Street, NW, SA-22, Room 2100
Washington, DC 20520-4818
1-888-407-4747
United States Equal Employment Opportunity Commission
www.eeoc.gov
JFK Federal Building
475 Government Center
Boston, MA 02203
1-800-669-4000
(617) 575-3196
138
National Center for Missing and Exploited Children
www.missingkids.com
A private, nonprofit organization, the National Center for Missing & Exploited
Children’s® (NCMEC) mission is to help prevent child abduction and sexual
exploitation; help find missing children; and assist victims of child abduction
and sexual exploitation, their families, and the professionals who serve them.
National 24-hour toll-free hotline, 1-800-THE-LOST® (1-800-843-5678), to
take reports of missing children.
Charles B. Wang International Children’s Building
699 Prince Street, Alexandria, VA 22304-3175
New Hampshire Department of Health & Human Services
www.dhhs.state.nh.us
Ombudsman 1-800-852-3345 ext. 6941
271-6941
The Ombudsman’s Office assists clients, employees and members of the public
to resolve disagreements related to matters within the jurisdiction of DHHS. The Ombudsman handles civil rights complaints against DHHS as well as DHHS
employee grievances and disputes
Long Term Care Ombudsman 1-800-442-5460
271-4375
The Long-Term Care Ombudsman receives, services, investigates and resolves
complaints or problems concerning residents of long-term health care facilities
Child Support Services
(603) 271-4745
Family Assistance
1-800-852-3345 Ext. 4238
Children, Youth & Families
(603) 271-4440
Abuse Reporting: 1-800-894-5533
(M-F 8-4:30; Emergency or After
Hours call local law enforcement)
Glencliff Home for the Elderly
(603) 989-3111
Juvenile Justice Services
(603) 625-5471
Medicaid Business & Policy
1-800-852-3345 Ext. 4334
(603) 271-4297
Community Based Care Services
(603)271-8560
Behavioral Health
(603) 271-5007
Homeless, Housing &
Transportation Services
1-800-852-3345 Ext. 5142
(603) 271-5142
Developmental Services
(603) 271-5034
Elderly and Adult Services
(603) 271-4394
Abuse Reporting: 1-800-949-0470
Commission on Alcohol & Drug
Abuse Prevention
1-800-804-0909
(603) 271-6100
Public Health Services
1-800-852-3345 Ext. 4503
(603) 271-4501
139
NH Department of Health & Human Services District Offices
The 12 District offices each provide residents of NH services through the
divisions of: Child Support Services, Juvenile Justice Services, Children, Youth
and Families, Elderly and Adult Services, and Family Assistance
231 Main Street
Berlin, NH 03570-2411
1-800-972-6111
(603) 752-7800
195 McGregor St. South Tower
Suite 110
Manchester, NH 03102-3749
1-800-852-7493
(603) 668-2330
17 Water St. Suite 301
Claremont, NH 03743-2280
1-800-982-1001
(603) 542-9544
19 Chestnut St.
Nashua, NH 03060-9311
1-800-852-0632
(603) 883-7726
40 Terrell Park Dr.
Concord, NH 03301-7325
1-800-322-9191
(603) 271-6200
30 Maplewood Ave. Suite 200
Portsmouth, NH 03801-3732
1-800-821-0216
(603) 433-8300
73 Hobbs St.
Conway, NH 03818-6133
1-800-552-4628
(603) 447-3841
150 Wakefield St. Suite 22
Rochester, NH 03867-1300
1-800-862-5300
(603) 332-9120
809 Court St.
Keene, NH 03431-1712
1-800-624-9700
(603) 357-3510
154 Main St. Suite 1
Salem, NH 03079-3180
1-800-852-7492
(603) 893-9763
65 Beacon St. W
Laconia, NH 03246-3468
1-800-322-2121
(603) 524-4485
80 N. Littleton Rd.
Littleton, NH 03561-3814
1-800-552-8959
(603) 444-6786
United States Department of
Housing and Urban Development
www.hud.gov
HUD’s mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination
451 7th Street, SW
Washington, DC 20410
(202) 708-1112
Manchester NH Field Office
275 Chestnut St. 4th Floor
Manchester, NH 03101-2487
(603) 666-7510
140
NEW HAMPSHIRE COURTS
http://www.courts.state.nh.us
Each of the websites for the following courts provides useful and updated
information, forms and other material. Because of the current uncertainty of
the funding of the courts, the following addresses may change at any time.
Please check the NH Courts web site for any changes.
SUPERIOR COURTS
www.courts.state.nh.us/superior
The Superior Court has jurisdiction over a wide variety of cases, including
criminal, and civil cases, and provides the only forum in this state for trial by
jury. Some Superior Courts have jurisdiction over domestic relations, including
divorce in areas where there is no family court.
Belknap County Superior Court
64 Court Street Suite 5
Laconia, NH 03246-3682
(603) 524-3570
Hillsborough County Superior
Court Southern District
30 Spring Street
P.O. Box 2072
Nashua, NH 03061-2072
Carroll County Superior Court
96 Water Village Rd, Box 3
Ossipee, NH 03864-0433
(603) 539-2201
Merrimack County Superior
Court
163 N. Main Street
P.O. Box 2880 Concord, NH 033022880
(603) 225-5501
Cheshire County Superior Court
12 Court Street
P.O. Box 444
Keene, NH 03431-0444
(603) 352-6902
Rockingham County Superior
Court
10 Rt. 125 Brentwood, NH 03833
Mailing Address: PO Box 1258
Kingston, NH -03848-1258
(603) 642-5256
Coos County Superior Court
55 School Street, Suite 301
Lancaster, NH 03584
(603) 788-4702
Strafford County Superior
Court
279 County Farm Road, P.O. Box 799
Dover, NH 03820-0799
(603) 742-3065
Grafton County Superior Court
3785 Dartmouth College Highway
RR 1 Box 65
North Haverhill, NH 03774
(603) 787-6961
Sullivan County Superior Court
22 Main Street
Newport, NH 03773
(603) 863-3450
Hillsborough County Superior
Court Northern District
300 Chestnut Street
Manchester, NH 03101-2490
(603) 669-7410
141
DISTRICT COURTS
www.courts.state.nh.us/district
Cases within the jurisdiction of the district court involve families, domestic
violence, juveniles, small claims, landlord tenant matters, minor crimes and violations and civil cases in which the disputed amount does not exceed $25,000.
Note: The 2009 State Budget recommendations include closing the following
courts: Hillsborough, New London, Plaistow, Claremont, Milford, Hooksett,
Keene and Colebrook, please check with the courts.
Auburn District Court
5 Priscilla Lane Auburn, NH 03032
(603) 624-2084 (603) 624-2265
Derry District Court
10 Manning Street Derry, NH 03038
(603) 434-4676
District Court For Northern
Carroll County
35 E Conway Rd, Rte 302,
Center Conway, NH 03813
Mailing Address: PO Box 940,
Conway, NH 03818
(603) 356-7710
Dover District Court
25 Saint Thomas Street
Dover, NH 03820
(603) 742-7202
Durham District Court
All cases and pleadings now filed at
Dover District Court
25 St Thomas Street
Dover, NH 03820
Consolidated court: (603) 742-7202
Secure drop box at: Main Street
Durham, NH 03824
(603) 868-2323
District Court For Southern
Carroll County
96 Watervillage Rd., Box 2,
Ossipee, NH 03864
(603) 539-4561 539-5993
Berlin District Court
220 Main Street Berlin, NH 03570
(603) 752-3160
Exeter District Court
Rockingham Justice Building- 10
Route 25
Brentwood, NH 03833
Mailing: P.O. Box 1149,
Kingston, NH 03848
(603) 642-9145
Claremont District Court
(Closure due to budget restrictions
recommended – no date yet set)
One Tremont Sq.-P.O. Box 313
Claremont, NH 03743
(603) 542-6064
Franklin District Court
7 Hancock Terrace
Franklin, NH 03235-0172
(603) 934-3290
Colebrook District Court
(Closure due to budget restrictions
recommended – no date yet set)
17 Bridge Street - P.O. Box 5
Colebrook, NH 03576
(603) 237-4229
Goffstown District Court
329 Mast Road
Goffstown, NH 03045-0129
(603) 497-2597
Concord District Court
32 Clinton Street - P.O. Box 3420
Concord, NH 03302-3420
(603) 271-6400
Gorham District Court
See Berlin District Court
142
Hampton District Court
130 Ledge Road
Hampton, NH 03874
(603) 474-2637
Littleton District Court
134 Main Street
Littleton, NH 03561
(603) 444-7750
Haverhill District Court
3785 Dartmouth College Highway
Box 10
North Haverhill, NH 03774
(603) 787-6626
Manchester District Court
35 Amherst Street -P.O. Box 456
Manchester, NH 03105-0456
(603) 624-6510
Merrimack District Court
Town Hall Building Baboosic
Lake Road
P.O. Box 324
Merrimack, NH 03054
(603) 424-9916
(603) 424-9917
Henniker District Court
Bldg 2, 41 Liberty Hill Rd
Henniker, NH 03242
(603) 428-3214
Hillsborough District Court
see Henniker District Court
Milford District Court
(Closure due to budget restrictions
recommended – no date yet set)
180 Elm Street – PO Box 943
Milford, NH 03055
(603) 673-2900
Hooksett District Court
101 Merrimack Street
Hooksett, NH 03106
(603) 485-9220
Jaffrey/Peterborough District
Court
84 Peterborough St – PO Box 39
Jaffrey, NH 03452 –0039
(603) 532-8698
Nashua District Court
25 Walnut Street
Nashua, NH 03060
(603) 880-3333
Keene District Court
(Closure due to budget restrictions
recommended – no date yet set)
3 Washington Street
P.O. Box 364
Keene, NH 03431-0364
(603) 352-2559
New London District Court
(Closure due to budget restrictions
recommended – no date yet set)
Town Hall – 23 Seamans Rd
P.O Box 1966
New London, NH 03257
(603) 526-6519
Laconia District Court
26 Academy Square -P.O. Box 1010
Laconia, NH 03247-1010
(603) 524-4128
Newport District Court
Courthouse Square –55 Main Street
Newport, NH 03773
(603) 863-1832
Lancaster District Court
55 School Street-Suite 201
Lancaster, NH 03584
(603) 788-4485
Plaistow District Court
(Closure due to budget restrictions
recommended – no date yet set)
Town Hall 14 Elm Street
P.O. Box 129
Plaistow, NH 03865
(603) 382-4651
Lebanon District Court
38 Centerra Parkway
Lebanon, NH 03766-0247
(603) 643-3555
143
Plymouth District Court
Courthouse - 26 Green Street
Plymouth, NH 03264
(603) 536-3326
Salem District Court
35 Geremonty Drive
Salem, NH 03079
(603) 893-4483
Portsmouth District Court
111 Parrott Avenue
Portsmouth, NH 03801-4490
(603) 431-2192
Somersworth District Court
See Dover District Court
Rochester District Court
76 North Main Street
Rochester, NH 03867-1905
(603) 332-3516
FAMILY DIVISION
www.courts.state.nh.us/fdpp/index.htm
The Family Division serves most counties in New Hampshire for judicial resolution to such family matters as divorce, parenting rights and responsibilities
and visitation, child support, legal separation, paternity, domestic violence,
juvenile delinquency, child abuse and neglect, and other child-related issues.
(Note: The Family Division operates in 23 locations across the state in eight
counties: Belknap, Carroll, Coos, Grafton, Merrimack, Rockingham, Strafford
and Sullivan. In mid 2009, it is estimated that the Family Division will expand
to Hillsborough and Cheshire counties. Cases are assigned to court locations
based upon where parties live. All Family Division courts are open from 8 AM
to 4 PM, Monday through Friday.
Berlin Family Division
220 Main Street
Berlin, NH 03570
FAMILY COURTS
752-3160
Concord Family Division 271-0630
32 Clinton Street
Concord, NH 03301
Brentwood
Family Division
642-6314
PO Box 1208
Kingston, NH 03848-9998
Claremont
Family Division
One Police Ct. Suite 2
Claremont, NH 03743
Conway Family Division 356-7710
35 E. Conway Road, PO Box 448
Conway, NH 03818
542-6064
Colebrook
Family Division
237-4229
17 Bridge Street, PO Box 5
Colebrook, NH 03576-0005
Derry Family Division
10 Manning Street
Derry, NH 03038
421-0077
Dover Family Division
25 St. Thomas Street
Dover, NH 03820
743-5760
Franklin Family Division 934-3214
7 Hancock Terrace
Franklin, NH 03235
144
Goffstown
Family Division
329 Mast Road
Goffstown, NH 03045
Henniker
Family Division
41 Liberty Road, Bldg 2
Henniker, NH 03242
Littleton
Family Division 134 Main Street
Littleton, NH 03561
627-2211
444-3187
Newport
Family Division
863-1832
55 Main Street – Suite 2
Newport, NH 03733-0581
428-3214
Hooksett
Family Division
485-9901
101 Merrimack Street
PO Box 16387
Hooksett, NH 03106-6387
Ossipee
Family Division
96 Water Village Road
PO Box 4
Ossipee, NH 03864
Haverhill
Family Division
787-6820
3785 Dartmouth College Hwy
PO Box 9
North Haverhill, NH 03774
Plymouth
Family Division
26 Green Street
Plymouth, NH 03264
539-4561
536-7609
Portsmouth
Family Division
433-8518
111 Parrott Avenue
Portsmouth, NH 03801-4490
Laconia
Family Division
524-7755
Belknap County Courthouse
64 Court Street
Laconia, NH 03246
Rochester
Family Division
Grimes Justice &
Administration Bldg.
279 County Farm Road
PO Box 799
Dover, NH 03821-0799
Lancaster
Family Division
788-4485
55 School Street – Suite 202
Lancaster, NH 03584
Lebanon
Family Division
643-3666
38 Centerra Pkwy
Lebanon, NH 03766-0768
Salem
Family Division
35 Geremonty Drive
Salem, NH 03079
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742-5341
893-2084
NEW HAMPSHIRE VICTIM/WITNESS ASSISTANCE PROGRAMS
These programs provide orientation, information and support throughout the
judicial process within the Superior Courts and in some District Courts.
Office of Victim/Witness Assistance
Attorney General’s Office
33 Capitol Street
Concord, NH 03301-6397
271-3671
Merrimack County Victim/
Witness Program
4 Court Street
Concord, NH 03301
228-0529
Belknap County Victim/
Witness Program
64 Court Street
Laconia, NH 03246
527-5440
Rockingham County Victim/
Witness Program
PO Box 1209
Kingston, NH 03848
642-4249
Carroll County Victim/
Witness Program
PO Box 218
Ossipee, NH 03864
539-7476
Strafford County Victim/
Witness Program
PO Box 799
Dover, NH 03821-0799
749-4215
Cheshire County Victim/
Witness Program
PO Box 612
Keene, NH 03431
352-0056
Sullivan County Victim/
Witness Program
14 Main Street
Newport, NH 03773
863-8345
Coos County Victim/Witness Program
55 School St., Suite 102
Lancaster, NH 03584
788-3812
Victim’s Assistance Commission
NH Attorney General’s Office
33 Capitol Street
Concord, NH 03301
271-1284
1-800-300-4500
Grafton County Victim/
Witness Program
3785 Dartmouth College Highway,
Box 7
North Haverhill, NH 03774
787-2040
United States Attorney’s Office
District of New Hampshire
James C. Cleveland Federal Bldg.
55 Pleasant St., Suite 312
Concord, NH 03301
225-1552
Hillsborough County North
Victim/Witness Program
300 Chestnut Street
Manchester, NH 03101
627-5605
NH Department of Corrections
Victim Services
PO Box 1806
Concord, NH 03302-1806
271-1937
Hillsborough County South
Victim/Witness Program
19 Temple Street
Nashua, NH 03060
594-3256
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NH SEXUAL ASSAULT, DOMESTIC VIOLENCE
AND STALKING SUPPORT SERVICES
NH Statewide Domestic Violence Hotline: 1-866-644-3574
NH Statewide Sexual Assault Hotline: 1-800-277-5570
NH Coalition Against Domestic and Sexual Violence
PO Box 353, Concord, NH 03302-0353
603-224-8893 (Office)
General Web Site: www.nhcadsv.org and
Teen Web Site: www.reachoutnh.com
The NH Coalition is comprised of 14 member programs throughout the state
that provide services to survivors of sexual assault, domestic violence, stalking
and sexual harassment. You do not need to be in crisis to call. Services are free,
confidential, and available to everyone regardless of gender, age, health status
(including HIV-positive), physical, mental or emotional ability, sexual orientation, gender identity/expression, socio-economic status, race, national origin,
immigration status or religious or political affiliation. The services include:
• Support and information,
available in person and
through a 24-hour hotline
• Accompaniment, support, and
advocacy at local hospitals,
courts, and police departments
• Referrals to legal services
• Peer Support Groups
• Access to emergency shelter
• Information and referrals to
community programs
• Assistance with protective/re-
• Community and professional
outreach and education
straining orders
RESPONSE to Sexual &
Domestic Violence
54 Willow Street,
Berlin, NH 03570
1-866-644-3574 (DV crisis line)
1-800-277-5570 (SA crisis line)
603-752-5679 (Berlin office)
603-237-8746 (Colebrook office)
603-788-2562 (Lancaster office)
Rape and Domestic Violence
Crisis Center
PO Box 1344
Concord, NH 03302-1344
1-866-644-3574 (DV crisis line)
1-800-277-5570 (SA crisis line)
603-225-7376 (office)
www.rdvcc.org
Starting Point: Services for
Victims of Domestic & Sexual
Violence
PO Box 1972
Conway, NH 03818
1-800-336-3795 (crisis line)
603-356-7993 (Conway office)
603-539-5506 (Ossipee office)
www.startingpointnh.org
Turning Points Network
11 School Street
Claremont, NH 03743
1-800-639-3130 (crisis line)
603-543-0155 (Claremont office)
603-863-4053 (Newport office)
www.free-to-soar.org
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Sexual Harassment and Rape
Prevention Program (SHARPP)
University of New Hampshire
Verrette House
6 Garrison Avenue
Durham, NH 03824
1-888-271-SAFE (7233) (crisis line)
603-862-3494 (office)
www.unh.edu/sharpp
YWCA Crisis Service
72 Concord Street
Manchester, NH 03101
603-668-2299 (crisis line)
603-625-5785 (Manchester office)
603-432-2687 (Derry office)
Bridges: Domestic and Sexual
Violence Support
PO Box 217
Nashua, NH 03061-0217
603-883-3044 (crisis line)
603-889-0858 (Nashua office)
603-672-9833 (Milford office)
www.bridgesnh.org
Monadnock Center for Violence
Prevention
12 Court Street
Keene, NH 03431-3402
1-888-511-6287 (crisis line)
603-352-3782 (crisis line)
603-532-6288 (Jaffrey office)
603-352-3782 (Keene office)
603-209-4015 (Peterborough office)
www.mcvprevention.org
Voices Against Violence
PO Box 53
Plymouth, NH 03264
603-536-1659 (crisis line)
603-536-3423 (shelter office)
603-536-5999 (public office)
www.voicesagainstviolence.org
New Beginnings Women’s
Crisis Center
PO Box 622
Laconia, NH 03246
1-866-644-3574 (DV crisis line)
1-800-277-5570 (SA crisis line)
603-528-6511 (office)
www.newbeginningsnh.org
A Safe Place
6 Greenleaf Woods, Suite 101
Portsmouth, NH 03801
1-800-854-3552 (crisis line)
603-436-7924 (Portsmouth crisis line)
603-436-4619 (Portsmouth office)
603-330-0214 (Rochester crisis line)
603-890-6392 (Salem crisis line)
WISE
79 Hanover Street, Suite 1
Lebanon, NH 03766
1-866-348-WISE (crisis line)
603-448-5525 (local crisis line)
603-448-5922 (office)
Sexual Assault Support Services
7 Junkins Avenue
Portsmouth, NH 03801
1-888-747-7070 (crisis line)
603-436-4107 (Portsmouth office)
603-332-0775 (Rochester office)
www.sassnh.org
The Support Center at
Burch House
PO Box 965
Littleton, NH 03561
1-800-774-0544 (crisis line)
603-444-0624 (Littleton office)
www.tccap.org/supportcenter.htm
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Notes
149
Notes
150
New Hampshire Commission on the Status of Women
Room 212, State House Annex
25 Capitol Street
Concord, NH 03301
Phone: 603.271.2660
Fax: 603.271.4032
cmswweb@nh.gov
A Legal Handbook for Women in New Hampshire
Survey & Evaluation
1. How did you obtain a copy of the Legal Handbook?
2. Did you use this book with anyone else?
3. On a scale of 1-5, one being the highest, how useful is this handbook
to you?
4. Is the information in the handbook easy to understand?
Yes
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any ideas on how it can be improved?
Thank you for taking time to answer our questions.
Please return this completed form to the above address. or
This evaluation can be completed on our web site at www.nh.gov/csw
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WE NEED YOUR HELP
The New Hampshire Commission on the Status of Women has generated this
edition of A Legal Handbook for Women in New Hampshire in response to the
need for a new edition. This fully revised handbook is primarily needed due
to a number of changes in relevant NH laws, particularly in the area of family
law. You are viewing the product of our work. Like all of our publications, this
handbook is funded solely through grants and private donations. We want to
be able to continue to share our resources at no cost with the women and girls
of New Hampshire who need them most. With your support, we can continue
to develop and distribute vital, educational, and useful information
If you would like, and are able to, please send your donation, with a check
payable to NH Commission on the Status of Women (NHCSW) to:
NH Commission on the Status of Women
25 Capitol Street – Room 212
Concord, NH 03301
Please include your name and address so we can acknowledge your generosity.
Thank you for your support!
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